A jury has retired for the night after failing to reach a verdict in the trial of a Hungarian tourist accused of murdering an Auckland man.
Ferdinand Ambach, 32, a dive master in Hungary, allegedly beat Ronald Brown, 69, of Onehunga, with a banjo before ramming the instrument down histhroat.
After deliberating for three hours this afternoon, the jurors requested to watch a police interview with the accused when they resume in the morning.
Mr Brown's battered body was found at his flat in the early hours of December 7, 2007.
He died three days later in hospital after his life support was switched off.
The accused met Mr Brown in 306 Bar in Onehunga, before he went back to his flat.
The jury heard there was a misunderstanding between the men, with Mr Brown wrongly thinking Ambach was gay.
The jury of three men and nine women were told Mr Brown was struck a number of blows to the head with a 2.7kg banjo.
The broken-off neck of the banjo was then rammed down his throat.
Summing up, Judge Helen Winkelmann said the jury should put aside any prejudices they may have about homosexuality.
"Mr Brown was a homosexual but he kept his sexuality separate from his friends and family."
The jury had to consider how Ambach reacted before and after the attack, and whether he was provoked by sexual advances from Mr Brown.
They were also told to consider whether these advances caused Ambach to lose the power of self control.
