Police at the scene of an alleged axe murder in Pukemiro in 2019. Photo / Doug Sherring
A man accused of a 2019 axe murder has been acquitted and instead found guilty of manslaughter.
A jury of seven men and three women also acquitted Rydell Martin on a charge of assault with an axe.
There were gasps in the public gallery of the High Court at Hamilton as the verdicts were read.
Outside court, a relative of the victim Phillip Macpherson said they were "exceptionally disappointed" at the verdicts.
"There's no way that strikes of an axe on someone is manslaughter. That's murder. It was an axe."
Martin was been charged with murdering Macpherson with a wood-splitting axe in Pukemiro on March 1, 2019. The charge of assault with an axe on was in relation to his cousin Hanuere Fisher-Williams.
The had argued Martin fatally struck Macpherson mid-fight wielding an axe with the intention of causing his death or at least injure him, knowing it could kill him.
However Martin said he never intended to kill Macpherson, he only wanted him to stop him fighting with his cousins: Alazay Fisher-Williams and Hanuere Fisher-Williams.
Through his lawyer Philip Morgan, QC, Martin had defended both charges; claiming self-defence on the assault charge and manslaughter on the murder charge as he never intended to kill Macpherson.
The metre-long axe used to kill Macpherson sat at the front of the courtroom as Justice Peters went through the criteria needed to find him guilty or not guilty of the charges.
Justice Mary Peters summed up the case for the jury today before sending them out to begin their deliberations at 1pm.
To find him guilty of murder, the jury had to be sure of the Crown's contention that he either intended to kill him, or, when he inflicted the wound, Martin knew it would cause bodily injury that could cause death but went ahead regardless.
Justice Peters said if the incident happened in central Hamilton there would have been CCTV "for Africa, from every conceivable angle".
"But it didn't. Instead we have eyewitness accounts from some who were present throughout and we have others who saw parts of it; the start or the end of it."
They had to decide which witnesses were credible and reliable.
Some had been drinking, and they might want to only accept part of their statements or none of it.
Under the law, Martin was allowed to use reasonable force to defend Hanuere Fisher-Williams. It was up to the jury to determine whether the force used was reasonable or not.
A person could only use force that was proportionate to the threat, the judge said.
"He believed Hanuere Williams was coming off second best by Macpherson … and that the whole episode needed to come to a halt.
"Hanuere Williams seems to be the only person who thought he was holding his own [in that fight]… everyone else thought he was getting a hiding," the judge said.
She reminded the jury that it wasn't for Martin to prove anything, he was presumed innocent until the Crown proves his guilt.
A reasonable doubt was an honest and reasonable doubt left in their minds after carefully and fairly considering all the evidence.
The Crown contended that Martin's intention was to kill Macpherson, due to the force of the blows which saw a bit of bone chipped and which severed a major artery.
Those at the scene had also asked Martin to stop delivering the blows with the axe, but he continued anyway.
In his defence, Morgan contended that Martin had no idea who Macpherson was, "didn't know him from a bar of soap", the judge said.
Martin was not guilty as he aiming for his lower back or legs, he didn't go for his head or neck or upper torso which would be more vulnerable areas.
Martin had the opportunity to deliver a final blow, "but he didn't and if he intended to kill he would have taken that opportunity", the judge surmised of Morgan's submissions.
As for murderous intent, Morgan said the jury couldn't be sure that a strike to the legs could cause Macpherson's death.
In contending his innocence, Morgan had submitted that Martin was 25 at the time, not 55, not a medical student, that he had been drinking and everything had been happening quite quickly.
The judge said they only had to focus what was on Martin's mind at the time he delivered the fatal blow, when he told Macpherson "what are you doing f****** with my cousins?"
The jury were sent out to begin their deliberations at 1pm. They returned with their verdicts at 3pm, after the lunch adjournment.
Justice Mary Peters convicted Martin of the manslaughter charge and issued him a three strikes warning.
He has been remanded in custody for sentencing on May 7