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Ōpōtiki man Harry Clements Matchitt is on trial for murder in the Tauranga High Court. Photo / NZME
A witness in a murder trial claims he has no memory of telling police that he believed the accused could have attacked the deceased.
Viviers Hutchins made the statement while giving evidence in the Tauranga High Court today on day two of the murder trial for 52-year-old Harry Clements Matchitt.
Matchitt is accused of murdering Brian Albert Hilton, 77, who died after an alleged brutal assault at his Ōpōtiki home on July 7, 2016.
The Crown says Hilton died in Tauranga Hospital four days after he was punched, stomped and kicked during the alleged attack.
It is the Crown’s case Matchitt inflicted blows to Hilton’s face, scalp, neck and chest which resulted in complex facial injuries to his eye sockets and jaw.
Hilton also suffered trauma to the brain, which led to him becoming unconscious, and suffered from acute bronchopneumonia which was the primary cause of death.
He died in Tauranga Hospital on July 13, 2016.
It is the defence’s case it was not Matchitt who inflicted Hilton’s injuries and so he is not guilty of murder.
The trial started on Monday.
Hutchins, who is Matchitt’s daughter’s former partner, was living in Ōpōtiki with her and their child at the time of Hilton’s alleged assault.
During questioning by Crown prosecutor Richard Jenson, Hutchins said he did not know Hilton well but used to visit him from time to time to “chill out”.
Hutchins said he did not clearly remember the day of the alleged attack, and could not remember where he had stayed on July 7 or the day before.
He confirmed he gave a written statement to a police officer on May 1, 2017, but he was no longer certain it was a true and accurate recollection of the July 2016 events.
Hutchins also said he was uncertain about his state of mind when making the statement.
When pressed by Jenson, Hutchins said he was taking drugs at the time and also stated he did not want to give evidence at Matchitt’s trial.
Hutchins also said he believed his account of seeing Matchitt and the defendant’s former partner arguing on the night of the alleged attack was not correct.
Jenson reminded Hutchins that when he learned Hilton was attacked he told the police officer he told his then partner he believed it could have been Matchitt.
The jury heard Hutchins told the police Matchitt had been evicted from the house because he was drunk, had broken a window and headed to Hilton’s home.
He also told the police he did not see Matchitt again for about a week.
Jenson challenged Hutchins about his alleged selective memory and suggested he was trying to help Matchitt by recanting his truthful sworn statement.
Hutchins rejected the proposition.
“I’m not trying to help Harry, I just want to get out of the trial because I don’t want to be part of it. Yes, it’s in my statement but I genuinely cannot remember any of it,” he said.
Defence lawyer Roger Gowing also questioned Hutchins about his written recollections.
Hutchins told the police he was “pretty shocked” after hearing about what happened to Hilton but he still went to work the next day.
Gowing reminded Hutchins a police detective confirmed he was absent from work between July 4 and 8 and therefore was clearly mistaken about that fact.
Gowing put to Hutchins Matchitt’s former partner confirmed she had no recollection of the drunk argument and broken window incident even happening.
Hutchins replied, “She is probably right that it didn’t happen.”
A number of written witness statements were read to the jury by Crown prosecutor Oliver Salt, including one from Caltex Opotiki service station manager Rewina Brockenshaw.
Brockenshaw said Hilton had been a regular customer and she often served him, including on July 7, 2016.
She told the police when she spoke to Hilton while serving him he did not appear to be intoxicated and his demeanour appeared quite normal.
The trial before Justice Kit Toogood is expected to take two to three weeks.
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