The first majority verdict in a Dunedin criminal trial has resulted in the acquittal of a man accused of aggravated robbery.
A Dunedin District Court jury had been deliberating for almost seven hours yesterday when they were given the option of returning a verdict with which 11 of them agreed.
A few minutes later, the jury asked for a majority verdict direction and they returned their 11 to 1 decision within 15 minutes.
Majority verdicts have been available to juries unable to reach a unanimous verdict since a law change took effect in June last year.
The decision last night saw Michael Jason Kapa (33), unemployed, discharged on the allegation he was involved with three teenagers in the violent robbery of Dunedin man Peter Garner near the Clarendon Hotel last March.
Mr Garner was severely beaten and his wallet containing about $340 stolen.
The Crown case, argued by Craig Power, was that Kapa was involved in the robbery because he assaulted Mr Garner by kicking him as he lay on the road.
The three passengers from Kapa's car had punched and kicked Mr Garner when he refused to give one of them, a 15-year-old, a cigarette.
But the defence case, put by Brian Kilkelly and Jay Lovely, was there was insufficient evidence to prove Kapa was part of the aggravated robbery.
In his video-taped interview with a detective, Kapa said he had tried to stop the three youths attacking Mr Garner.
And he said he had not assaulted him or stolen anything from him.
