Manslaughter conviction and acquittal for journalist death
ACCUSED: Nicho Allan Waipuka, left, and Manuel Renera Robinson are on trial in the Wellington High Court for murdering journalist Phillip Cottrell.
A man has been found guilty of the manslaughter of journalist Phil Cottrell but his teenage co-accused has been acquitted of both murder and manslaughter.
Nicho Allan Waipuka, 20, had admitted he was guilty of manslaughter for having punched Cottrell, 43, causing him to fall and hit his head on rough concrete. He also took Cottrell's wallet which contained $ 80.
The jury found him not guilty of murder but guilty of manslaughter.
The defence for Manuel Renera Robinson, 18, was that he was on the other side of the road and not involved in the incident. He was acquitted of both murder and manslaughter.
But the Crown said both men had told friends that they had kicked Cottrell and both should be found guilty of murder if the jury accepted that evidence.
Cottrell died from severe head injuries on December 11 last year, the day after he was attacked in Boulcott St, central Wellington, walking home from a night shift at Radio New Zealand.
During the trial some witnesses withdrew damaging statements they had earlier made to police.
Some said they could not recall making the statements, that they contained lies, or that they felt police forced them to give the statements.
The Crown did not allege that either Waipuka or Robinson had meant to kill Cottrell but that they meant to cause bodily injury, knowing it was likely to lead to death, and that they consciously took the risk of causing death.
Either would be guilty as a party to murder if they did or said something intended to assist or encourage the other knowing what was intended.
Mere presence, or not taking steps to prevent an attack, was not enough to be a party to the crime.
Each man tried to shift the blame to the other.
- © Fairfax NZ News
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