Ambach trial Day 12 - The verdict
6.55PM: A High Court jury has just found Hungarian tourist Ferdinand Ambach not guilty of the murder of elderly gay Onehunga man Ronald Brown but guilty of the lesser charge of manslaughter.
Ferdinand Ambach (NZ Herald photo)
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In a prepared statement read outside the court, Brown's niece, Tracey Evans, said his family were "deeply disgusted" by the verdict. The defence had "completely fabricated" the case "which slandered a good man's character."
"Provocation is an archaic defence that has allowed a murderer to get a reduced sentence," Evans added. She thanked the police for their "outstanding effort" and said the verdict does at least bring closure to what she describes as "a horrific nineteen months."
Police laid the murder charge after Ambach was found in the early hours of December 8, 2007, in a frenzied state upstairs in Brown's home whilst his victim lay dying on the stairs below. Brown's blood-splattered home had been trashed with furniture upended and thrown through windows and the downstairs ceiling collapsing due to water flooding from where an upstairs bathroom vanity unit had been torn from the wall and broken in two.
The verdict follows nine days of evidence and cross-examination of witnesses during which Ambach said Brown made two sexual advances on him after the pair had been drinking together. The Jury retired to consider its verdict at midday Tuesday and this evening agreed to run past its usual end of day time of 5pm in the hope of coming to a unanimous decision.
From Ambach's first appearance in court his defence lawyers have suggested that Brown, 69, may have drugged his 30-year old assailant, but this evidence was disputed in court by ESR tests which found no appreciable evidence of drugs in either man's blood nor in drinking glasses or remains of their drinks.
Ronald Brown
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Speculating that homosexual rape, or attempted rape, had occurred, although Ambach sustained no injuries and had told police in his first interview that no sexual assault had occurred, the defence at the last minute suggested to the jury that such an attack would understandably have pushed Ambach to the point where he was no longer in control of his actions. Brown was closeted, having told neither close friends or family of his homosexuality, and was characterised by the defence as a man harbouring a "dark secret."
Presiding Justice Helen Winkelmann told the jury not to take inferences or guesses into account during their deliberations. In answer to a question from the jury yesterday Winkelmann said that New Zealand law holds people accountable for drunken actions but that they may find the defendant had been so drunk that he may not have been capable of murderous intent.
Ambach has been in prison since the fatal assault. Sentencing has been deferred until 27 August to allow time for pre-sentencing and victim impact reports to be prepared.
