A jury has been unable to decide whether a driver whose car fatally struck a man brawling on a South Auckland street is guilty of murder.
Jurors in the High Court at Auckland deliberated more than 27 hours but were "very split", in the words of their foreman,
on whether Prestman Vesiputa Tauira murdered Faafetai Lafolua in Otahuhu on August 18 last year.
Tauira now faces the likelihood of another trial, which is unlikely to take place earlier than August next year.
Tauira, who has been in custody since August 20 last year, was granted bail until a callover at the High Court on December 19.
The Crown had argued Tauira drove his car into the brawlers, either intending to kill somebody or knowing that he could kill somebody and being prepared to take the risk.
Tauira, 26, a sandblaster of Mangere, admitted he was driving the car when Mr Lafolua was fatally hit but says his intention was to break up the brawl, which involved one of his friends.
The officer in charge of the case, Detective Sergeant Brett Shields, said it was disappointing no verdict was reached.
Tauira's lawyer Richard Earwaker also said the lack of a decision was unfortunate.
A medical expert told the trial it was the initial strike of the car that killed Mr Lafolua.
Mr Earwaker said Tauira intended to disperse the brawlers only.
"The defence position is that this was a terrible, terrible, tragic accident," he said.
- NZPA
