Fearful of a beating from a police officer, George Tipene Harris ran away from a patrol car and into the path of a truck that left him dead and the constable he was running from facing a manslaughter charge, a court has heard.
Mr Harris was running from Constable Clinton
Lyall Hill, 34, who yesterday went on trial at the High Court at Auckland accused of Mr Harris' manslaughter, assaulting him and attempting to pervert the course of justice.
Hill was off-duty when he became involved in a dispute over a cellphone with Mr Harris outside a Manukau nightclub on October 3, 2004.
Hill arrested him and flagged down Constables Benson Lyle Murphy and Reuben James Harris, who were passing in a patrol car and agreed to give them a lift.
Before they got to the police station they stopped at a bank where a car had to be impounded.
Prosecutor Stuart Grieve, QC, said while Murphy was out of the car Hill asked his colleague to drive him to the back of the bank.
He is then alleged to have assaulted Mr Harris in the back seat of the car and outside before Mr Harris managed to run away.
As he ran across Great South Rd he was hit by a street sweeper and died on the way to hospital.
Mr Grieve said he was fully entitled to run because although he was lawfully arrested he was being "unlawfully assaulted".
"The accused had no right or justification for assaulting him in the back of the car or alongside it."
The prosecutor said Hill's actions that night left Mr Harris in fear of more violence and that caused him to do an act which caused his death.
The Crown alleges after Mr Harris died the three officers created a "cover-up", by omitting to say anything about the assaults under oath at a coronial inquest.
Officer Harris said he never saw the alleged assault but heard what sounded like "a punch or a slap" from the back seat.
When they got out of the car he heard Hill being verbally aggressive and "the other guy making groaning signs in pain ... Being hit".
He described Mr Harris as being compliant and apologetic while Hill was upset, angry and aggressive.
Murphy and Harris have been granted immunity from prosecution by the Solicitor-General if they give evidence against Hill.
Hill's lawyer, John Haigh, QC, said there was no doubt Mr Harris' death was an "absolute tragedy", but his client wasn't responsible.
He said Hill did not assault anyone and Mr Harris was escaping lawful custody when Hill was chasing him.
Fearful of a beating from a police officer, George Tipene Harris ran away from a patrol car and into the path of a truck that left him dead and the constable he was running from facing a manslaughter charge, a court has heard.
Mr Harris was running from Constable Clinton
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