A south Auckland man died after running into the path of a street-sweeping truck while trying to escape from an off-duty police officer who had assaulted him, the crown alleged in a trial today.
Name suppression for Clinton Lyall Hill, 34, was lifted when he appeared at the High Court in Auckland this morning, charged with the manslaughter of George Tipene Harris on October 3, 2004.
Hill, who is suspended from duty, also faces two further charges of assault and attempting to pervert the course of justice.
Mr Harris, 24, died from injuries received when he ran into the path of street sweeper truck while trying to escape from Hill, who was allegedly assaulting him, the jury was told.
On the opening day of a trial expected to last two weeks, crown witness Tai Natalia Andrews told the jury she had gone out drinking on the night of October 3 with George Harris, Margaret Harris and Sunny Kake.
They were waiting for a taxi near a south Auckland nightclub between 1am and 1.30am when Hill allegedly walked towards them while talking on a cellphone.
Ms Andrews asked him if they could use his phone.
"He kept flashing his phone as if he was going to give it us, and then taking it back again," she said.
Hill and Mr Harris got into a scuffle. Mr Harris tried to grab Hill's cellphone and ripped his jacket, then he found himself under arrest, Ms Andrews said.
Hill identified himself as a police officer and the three of them challenged him about it before being shown identification, she said.
Hill was asked to let Mr Harris go, but he said he had arrested him and started walking him to the Wiri Rd police station while the others followed.
Ms Kake told the court the group had been drinking in her garage and that Mr Harris and herself were not allowed into the nightclub because they didn't have identification.
"We were looking for a phone to get a ride home," she said.
"When you first saw the man coming towards you, he was on his cellphone?" asked crown prosecutor Stuart Grieve QC.
"He said we could use his phone, but he was having a conversation...He continued his conversation and started to walk off.
"George had gone in the bush for the toilet, then he returned as the man with the phone was walking away," Ms Kake said.
When asked what happened when Mr Harris got closer to the man, Ms Kake said: "They were having words, and from what I can remember the officer said he had assaulted him."
The Crown alleges that a police patrol car drove past and Hill waved it down. The two officers inside agreed to give Hill and Mr Harris a lift to the police station.
Hill is alleged to have assaulted Mr Harris in the back seat of the patrol car, before continuing the assault outside the car.
Mr Harris escaped and fled. Hill went after him in the car before continuing his pursuit on foot, until Mr Harris ran into the path of a street sweeper and later died from his injuries, the court was told.
