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Home / New Zealand

Ōpōtiki man Harry Clements Matchitt found not guilty of murder, but guilty of manslaughter

Sandra Conchie
By Sandra Conchie
Multimedia Journalist, Bay of Plenty Times·Bay of Plenty Times·
13 Jul, 2021 12:52 AM4 mins to read

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A jury has found Harry Clements Matchitt not guilty of murder but guilty of Brian Hilton's manslaughter killing. Photo / File

A jury has found Harry Clements Matchitt not guilty of murder but guilty of Brian Hilton's manslaughter killing. Photo / File

The jury in an Ōpōtiki murder trial has found Harry Clements Matchitt not guilty of murdering Brian Albert Hilton, who died five years ago today, aged 77.

The jury instead found Matchitt, 54, guilty of manslaughter, having assaulted Hilton on the evening of July 7, 2016.

Matchitt's jury trial began in the High Court at Tauranga on July 5 and retired to deliberate yesterday afternoon, resuming this morning.

They returned their unanimous verdict after just over six hours of deliberation.

Just before Matchitt was brought into the dock to hear the verdict, his tearful daughter yelled out "love you, dad" from the public gallery.

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Prior to the jury foreman delivering the verdict, Justice Kit Toogood addressed the families of Matchitt and Hilton seated in the public gallery.

"The delivery of the verdict is always an emotional experience whatever it is. I ask, out of respect for the dignity of the court, particularly the jurors, that you try to keep your emotions under control."

The courtroom was quiet as the verdict was delivered. Matchitt swore.

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Toogood thanked the jury for their service and said a copy of his sentencing notes would be sent to them in due course.

He also told the jury that along with a pre-sentence report, he was calling for a cultural background and family background reports on Matchitt, which would help him determine the appropriate sentence.

Toogood said the maximum penalty for a manslaughter conviction was life imprisonment, but there was a range of sentences he could impose and factors he must also take into account was Matchitt's extensive criminal history.

Matchitt had been in and out of prison since his late teens and his offences included "many, many convictions for drink-driving and driving while disqualified", he said

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He also had "many convictions" for family violence, the judge said.

Matchitt's supporters called out messages of love as he was taken from the court to await his sentencing in prison.

Hilton died in Tauranga Hospital on July 13, 2016, after the Crown said Matchitt, 52, brutally assaulted him at his Ford St, Ōpōtiki home on July 7, 2016.

Hilton was found badly injured in the lounge of his home on July 8.

The Crown produced CCTV security footage from nearby businesses which it said showed Matchitt visiting Hilton's property on the night of July 7.

The Crown's case was that a "drunken and angry" Matchitt inflicted blows to Hilton's head, face, neck and chest. His DNA was found at Hilton's house on a beer bottle.

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A post mortem revealed "multiple blunt force trauma injuries", including facial fractures, bruising and a brain injury.

Forensic pathologist Simon Stables said these injuries were consistent with Hilton being assaulted and he could have been punched, kicked and stomped on.

The main cause of death was an acute chest infection linked to his head injury, he said.

The defence argued that it was not Matchitt seen on security camera footage entering Hilton's home on the evening of July 7 and leaving about an hour later.

Matchitt told the jury he visited his "good friend" Brian Hilton earlier that day and had a drink with him, but insisted they had never argued nor got into a physical altercation.

His lawyer Roger Gowing argued that Hilton's assault was more likely to have been a "burglary gone wrong" committed by another man known to have conflicts with Hilton.

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Gowing told the jury on Friday, that the key to Hilton's assault was a laptop taken from his home either on July 7 or 8 and - according to a Crown witness - later seen in the other man's possession along with alcohol and shoes from Hilton's home.

There was no Crown evidence that Matchitt assaulted Hilton, including no bloody fingerprints nor evidence of any forced entry to the deceased's property, Gowing said.

Toogood convicted Matchitt on the manslaughter charge and remanded him in custody for sentencing on September 17.

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