Man acquitted of manslaughter of 78-year-old

Kevin Fulton fatally pushed an elderly man at a local pub but says the assault was justified....
Kevin Fulton fatally pushed an elderly man at a local pub but says the assault was justified. PHOTO: FELICITY DEAR
An Invercargill man who fatally pushed a 78-year-old after an argument over a courtesy coach has been acquitted of manslaughter.

Kevin Robert Fulton, 46, was on trial in the High Court at Invercargill this week.

After about eight hours of deliberating, the jury returned their unanimous not-guilty verdict yesterday afternoon.

A collective sigh was let out by members of the public gallery.

Earlier this week, the jury saw CCTV footage of the incident on January 28, 2023.

It showed Douglas Watson, 78, outside the Newfield Tavern, attempting to get into the courtesy coach.

Witnesses said Fulton told Mr Watson he was not allowed into the van with his drink.

In response, Mr Watson threw his glass bottle across the carpark and Fulton ducked away from it.

Fulton grabbed Mr Watson from behind in a restrictive hold.

Less than a minute after Mr Watson broke free, Fulton pushed him to the ground.

A witness gave evidence that he fell "like a tree".

Mr Watson hit his head on the concrete, causing a brain bleed which ultimately led to his death.

The Crown case was that Fulton had pushed the man out of anger and frustration.

"He just wanted a ride home; he just wanted to get in the coach ... and then next minute he is on the ground," Crown prosecutor Mike Brownlie said.

"Sure, he might’ve wanted to take a sneaky vessel on the coach on the way home ... Yes, it was against the rules."

Mr Brownlie said the assault was unnecessary.

He said Fulton must be found guilty as there was no threat perceived.

"[The defendant] was a local, this was his turf and he decided that the deceased didn’t deserve a ride home," Mr Brownlie said.

"The reason he pushed him is simply because he did not want him in the courtesy coach."

But the jury rejected that.

Defence counsel Hugo Young argued the push was justified as his client was acting in self-defence or to prevent a breach of the peace.

"This whole course of conduct stems from the deceased, Mr Watson, throwing a bottle, I say at Mr Fulton [and], that Mr Fulton was the target of that violent action," Mr Young said.

"Mr Watson was ... upset and angry at the people who pointed out that you can’t take alcohol in the coach."

Fulton gave evidence that he was expecting Mr Watson to hit him, and was worried he might "lash out" inside the van.

"If he’s prepared to throw a stubby at me ... he could be prepared to start lashing out too," he said during the trial.

Fulton gave evidence he was shocked Mr Watson fell to the ground.

"He sort of leaned into me and I pushed him away," Fulton said.

"It was a shock to me — he just went straight down ... because it wasn’t that hard a push."

He said he heard the "horrifying" sound of Mr Watson’s skull cracking.

After Mr Watson threw the bottle, Fulton restrained him and yelled for someone to get the manager.

"Seeking the assistance of the manager shows that Mr Fulton was acting with pure motives. He was genuinely trying to diffuse the situation," Mr Young said.

After the verdict, Justice Jonathan Eaton thanked the jury for their time and effort.

felicity.dear@odt.co.nz