KEY POINTS:
The father of a former professional kickboxer today discharged over the manslaughter of his uncle hopes for a family reconciliation after a hung jury in his third trial.
After a day and a half of deliberations in the High Court in Wellington, the jury could not agree on
a verdict for Paul Takana Kingi, 37 . His uncle, Rangiwananga Kingi, 60, died from head injuries two days after Kingi felled him with a single punch in Dannevirke on January 6, 2004.
Crown prosecutor Ben Vanderkolk then said there would be no fourth trial.
"We've agreed that there are no relevant factors that would justify a retrial."
Justice Simon France told Kingi he would make a stay of proceedings, meaning no retrial .
"The effect of that Mr Kingi is that there is no outcome, which is possibly unsatisfactory for everyone but it is time it came to an end. You are free to go."
Outside court, Kingi's father Ron Kingi - the brother of Rangiwananga Kingi - said he was pleased the matter was finally at an end and the two parts of the family could move on.
"I'm just happy it's over - even though there's no verdict we're kind of relieved."
Ron Kingi said there had been no contact between the two parts of the family in the past year.
"They will be disappointed but given time we'll be able to get together and they will get over it," he said.
"If my brother was here we would get together. I do feel for them - their father is not here any more."
Kingi's lawyer, Christopher Stevenson, said his client was "relieved" it was over.
"It's been a tortuous three years."
The Crown had alleged Rangiwananga Kingi was killed by just one blow from his nephew Paul Kingi.
It was "a blow of such force and ferocity and precision" that it lifted Rangiwananga Kingi off the ground and propelled him backwards on to the concrete floor of the carport they were in.
Mr Kingi hit his head on the floor and was in a coma before dying two days later.
The punch happened during a heated dispute between the deceased and his brother Ron over a bull that one had loaned the other, and an altercation and alleged assault of a farm worker by Rangiwananga Kingi earlier in the day.
At the time of the punch, Paul Kingi was a professional fighter on the international K1 circuit, was 35, weighed 130kg and was 1.92m tall. His uncle was 60, weighed 92kg and was 1.78m tall.
K1 fighting involves a combination of punching, kicking and kneeing, and Paul Kingi had returned just days before from a fight in Japan against a fighter with a top 15 world ranking.
Mr Stevenson earlier said Paul Kingi had been taken along to help talk to his uncle after the earlier altercation because he got on so well with him.
"Paul Kingi and his uncle were mates. They were very close."
Tragically, when he tried to intervene his uncle swung a punch at him and he hit him with "a reactive, defensive blow".
Mr Stevenson said it was Mr Kingi hitting his head on the concrete slab that killed him.
Kingi was convicted in April 2004 of the manslaughter and sentenced to 2-1/2 years' jail.
He successfully appealed the conviction and a second trial was held in March this year ending with a hung jury.
- NZPA