Jury unable to reach verdict on policeman

Photo / APN

A third trial could be ordered after a second hung jury for a police officer accused of covering up the circumstances surrounding a man's death as he fled police custody.

Clinton Lyall Hill was charged with assaulting George Harris before he escaped and was fatally hit by a truck about 4.30am on October 3, 2004.

Hill was also charged with attempting to pervert the course of justice.

But a jury in the High Court at Auckland yesterday was unable to decide whether or not Hill was guilty of the charges.

The result comes 12 months after he was found not guilty of manslaughter and the jury was unable to decide whether or not he had assaulted Mr Harris and attempted to pervert the course of justice.

Hill was an off-duty constable who arrested Mr Harris for allegedly trying to steal his cellphone. He denies an assault or cover-up.

Two other constables who were with him changed their evidence in 2008 and said they had given false statements as part of a cover- up and that Mr Harris fled after being beaten by the accused. They were sentenced in August 2008 to 15 months' jail which was reduced on appeal to home detention.

Outside court Mr Harris' sister did not want to comment. Hill also declined to speak.

"I can't talk to you at all - boss' orders," Hill said.

The jury retired at 2pm on Wednesday and after resuming deliberations for 3 hours yesterday told Justice John Priestley they were unable to reach a decision.

The matter has been sent to the Solicitor General's office who will decide if a third trial will go ahead.

Crown Law spokeswoman Jan Fulstow said deputy Solicitor General Cameron Mander would make his decision before the case is recalled in the High Court at Auckland in March.