A man accused of being involved in pushing a patient off a patio at Christchurch's Hillmorton Psychiatric Hospital leaving him paralysed had the charge dismissed today.
Henry Alfred Holmes, 52, a manager, pleaded not guilty - citing self-defence - to injuring Vernon Tuck in circumstances where if death had occurred he would have been guilty of manslaughter.
The hearing of evidence before a judge-alone was meant to go ahead this week, but Judge Jane McMeeken dismissed the charge at a call-through session in Christchurch District Court today.
Defence counsel Gilbert Hay said police would not have been able to establish the charge to the required level.
He asked for it to be dismissed, rather than allow police to withdraw it. This prevented the charge being relaid at a later date.
Another man, Damion Mark Kite, pleaded guilty to the same charge last year and received a sentence of 18 months intensive supervision.
Kite pushed Mr Tuck off a raised patio at the hospital on December 29, 2007, while Holmes was visiting the hospital to see Kite, who was a patient.
Police said Mr Tuck became agitated about the visitor's presence and there was a confrontation on the patio during which Mr Tuck threw a cup of coffee over one of the men.
Mr Tuck suffered from a condition causing involuntary movements in his legs, which may have caused the coffee to be spilled.
Kite said he acted in defence of his friend when Mr Tuck was pushed off the patio. It was a fall of less than 1m but he fell awkwardly on his back and has been left a tetraplegic.
