The jury in an Ōpōtiki murder trial has found Harry Clements Matchitt not guilty of murdering 77-year-old Brian Hilton who died five years ago today.
However, the jury instead found Matchitt, 54, guilty of the manslaughter assault of Brian Albert Hilton on the evening of July 7, 2016.
Matchitt's jury trial began in the High Court at Tauranga on July 5.
The jury returned their unanimous verdict on day seven of his trial today after just over six hours of deliberations which began at 1.10pm yesterday..
Brian Albert Hilton died in Tauranga Hospital on July 13, 2016 after the Crown says 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 says 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 and his DNA was found at Hilton's house on a beer bottle.
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 or 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.
Gowing also told the jury on Friday, that the key to Hilton's assault was a laptop stolen taken from his home either on July 7 or 8, 2016 later seen in the other man's possession.
There was no Crown evidence that Matchitt assaulted Hilton, including no bloody fingerprints nor evidence of any forced entry to the deceased's property, he said.
During his closing address, Gowing reminded the jury that a Crown witness told police she saw the other man with a laptop, alcohol and shoes stolen from Hilton's home.
Gowing put forward an alternative scenario that the other man had stolen a house key, then "disturbed the deceased in the dark and assaulted him".
He also argued that two written statements Matchitt made to police in December 2018 recorded by Senior Constable Nigel Peterson were "unreliable" in terms of their accuracy.
Peterson told the jury that Matchitt told him that he had "probably" assaulted Hilton that night but the accused denied making that comment when giving evidence at his trial.
Gowing told the jury "probably guilty was not good enough" under the law, and the jury must acquit his client if there were not sure he caused Hilton's injuries.
Justice Kit Toogood convicted Matchitt on the manslaughter charge and remanded him in custody for sentencing on September 17.
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