Hāwera manslaughter trial: Jury urged to dismiss prejudice as they retire to deliberate

Hāwera Police Station.
Hāwera Police Station. Photo credit: Google Maps

The jury has retired in the trial of three south Taranaki police officers accused of the manslaughter of Allen Ball. 

The 55-year-old had been arrested and was in the cells at Hawera Police Station when he died in the early hours of July 1, 2019. 

The Crown maintains the three defendants were grossly negligent in their duty of care and had the appropriate medical care been provided to Allen Ball that night, he would have likely survived. 

Justice Susan Thomas has urged the jury to dismiss any prejudice they may have in this case, whether that be against Ball, who had been arrested for an alleged assault on his partner, or against the police due to recent international cases involving officers. 

"Please do not let any prejudice you hold against the police, as result of those high profile cases, influence this case." 

In the final closing argument on Thursday morning, defence lawyer Kylie Pascoe said her client has been let down by the New Zealand police. 

"The failure or omission to obtain medical assistance for Mr Ball was the result of systemic failure." 

She told the court that nowhere in her client's training was there mention of snoring being an indicator of respiratory distress. 

"[My client] thought him a sleeping drunk and had not appreciated the medical assistance Mr Ball required."

Pascoe referred to her client's glowing record when it came to policing and his reputation as an officer with great potential. 

"Why would you accept that [my client] suddenly became a risk taker? [My client] excels in these other areas where we know training was given, but suddenly becomes callous and indifferent while monitoring him?"

She pointed to the other officers working alongside her client at the Hawera Police Station that night. 

"Watch as they all interact, no one was panicked, no one was rushing"

Pascoe says her client's experience was far less than those the officer was working alongside, and her client was constantly referring to them for approval of the decisions made that night. 

"These are all officers with years of experience in the role, years of experience dealing with intoxicated people." 

The jury is made up of seven women and four men. 

Justice Thomas has reminded the jury that while all three defendants are facing a manslaughter charge, it does not mean they must all be found guilty or all be found not guilty.