Not guilty – that was the outcome of a four-day trial for Picton teenagers Joe Solomon Vaatuitui and Joe Stewart, who each faced a charge of injuring with intent to cause grievous bodily harm.
The jury of six men and six women took about 1 1/2 hours to unanimously decide the fates of the 19-year-olds.
Family and supporters of both the accused, who were in court for the whole trial, wiped tears away as the verdicts were announced.
The third co-accused, Daniel Charles Hawkins, 19, of Picton, admitted the charge before the opening statements on Monday afternoon and will be sentenced on April 12.
Both had claimed they beat Eric Aitchison in self-defence after he confronted them and their friends with a metal baseball bat near the Shell petrol station in Picton in the early hours of February 21 last year.
Mr Aitchison suffered a split ear and a shattered eye socket which required reconstructive surgery.
In his closing statement, Crown prosecutor Mark O'Donoghue said both Stewart and Vaatuitui were involved in a "frenzied beating" of Mr Aitchison, who no longer posed a threat to them as soon as Vaatuitui disarmed him.
"He was unarmed and outnumbered and they knew it. He was at their mercy and defenceless. The tables were turned."
They were not defending themselves or any of the others they were with, he said.
In Vaatuitui's interview with a CIB detective which was played to the jury, he said he "knew we were doing wrong" when they hit Mr Aitchison, which Mr O'Donoghue said was "because they knew they weren't acting in self-defence".
Vaatuitui's defence lawyer, Mike Hardy-Jones, said the incident only allowed seconds to react.
"What's he supposed to do? He goes in and grabs the bat. The next thing you know, the bat gets pulled off – two punches, two seconds. That's it."
His client "did no more than to act and protect Mr Stewart", he said referring to Mr Aitchison who is said to have held the bat over his head ready to strike.
"On the ground and after he had taken the bat away, he gave two punches to subdue someone who he knew to be a violent, drunk man."
Stewart's defence counsel Rob Harrison said the teenagers were not out looking for trouble and were just out for a good night.
They were experiencing the "last of the summer wine" as the group, who played on the same rugby team, were going their separate ways.
"They we're not causing anyone any harm. They weren't looking to cause anyone any grief.
"Someone was coming at them with a bat and they defend themselves," he said.
"This was a reaction to a perceived threat."
On the issues of whether his client used "reasonable force" in defending himself, Mr Harrison said the bat "changes everything".
"If you saw someone coming at you with this [bat], what are they capable of?
"Do you stop to think, 'Gee, I have to be careful not to hurt him', or do you react to the threat that's in front of you?"
- The Marlborough Express Last updated 12:00 11/02/2011
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