Homeless man ‘chased into river’

A High Court jury has to decide whether a man who beat and then chased another man into the Waikato River, where he drowned, is guilty of manslaughter.

The trial of Neville Patrick Harris, 48, began yesterday.

The single charge he faces states that he ‘‘caused the death of Tama Hurinui Retimana by causing him, by fear of violence, to do an act which caused his death, and thereby committed manslaughter’’ on December 24.

Retimana was found dead in the Waikato River by a kayaker on December 27. Post-mortem results showed the father of two had been assaulted, suffering facial injuries, before he drowned. It was alleged it was Harris who assaulted him and then chased him into the river.

Retimana, 29, had been living rough in a campsite on the edges of the river at Pine Beach, off River Road.

The trial, before Justice Christine Gordon, began with the selection of the jury of six men and six women. Russell Boot is counsel for Harris, while the Crown prosecution is being handled by Ross Douch.

In his opening address, Douch told the jury that while Harris may not necessarily have directly caused Retimana’s death, the circumstances revealed he was responsible.

‘‘The crime was not justifiable … you have to take responsibility for what you bring about.’’

Retimana and another person had been at their camp by the riverside, when Harris and his friend Wilson Hipango arrived and began drinking with them, Douch said.

Harris and Hipango had also been living rough in a camp further along the riverbank.

Harris had recently produced a batch of his home brew that he called moonshine, which had an alcohol content of 30 to 40 per cent.

At one point, Retimana allegedly began engaging in sexual activity with a woman at the gathering. He then approached Harris, thrust his finger at him, and asked if he wanted to engage in a threesome.

Harris then allegedly got angry and hit and kneed Retimana in the head. Retimana fled into the river, losing his trousers on the way.

An analysis of Retimana’s blood taken after his body was discovered recorded a blood alcohol content of 360 milligrams of alcohol per millilitre of blood. The legal limit for driving is 50 milligrams.

The court also heard from a witness whose name and identifying details have been suppressed and who was at the camp when Retimana drowned.

The witness had been drinking in the days before the incident, and said Retimana had been drinking cans of Cody’s and some whisky. She said she was tired ‘‘and wasted too’’ at the time and remembers very little of the night’s activities.

She had a vague recollection of being punched in the head and knocked out that night, and also being sexually assaulted by Retimana. At one point she realised she was standing partially in the river.

She said of Retimana: ‘‘He was a good guy, but a bit rough when he was drinking.’’ Retimana had worked to make the camp a habitable environment, but on Christmas Day, it appeared to have been ransacked, she said.

She said she believed Harris had later told her he had thrown Retimana in the river.

Hipango also appeared as a Crown witness. The jury was allowed to view video footage of his police interview conducted at the scene on January 10.