16 Jun 2010

Man convicted of murdering tetraplegic friend

7:05 pm on 16 June 2010

A Christchurch man has been convicted of murdering his tetraplegic friend five years ago.

Eric Smail had pleaded not guilty to murder, but guilty of manslaughter, saying he was provoked into killing Keith McCormick in 2005 by the stress of being his friend's live-in carer.

But a jury in the High Court at Christchurch has found otherwise.

The jury took six hours to agree with the Crown's case that Smail intended to kill Mr McCormick, after telling several people that was his plan.

Smail's lawyer, Judith Ablett Kerr QC, argued that the provocation was compounded by Smail's inability to be a full-time carer, because of his alcoholism and depression.

This is one of the last times the defence of provocation will be allowed, as the law was changed last year.

Detective Senior Sergeant Corrie Parnell says the guilty verdict is a relief for both Mr McCormick's family and the police.

Smail will be sentenced on 11 August.