A NSW Supreme Court jury took only 40 minutes to reach a verdict of not guilty in the trial of a Sydney man accused of murdering a man in a fight outside a Sydney hotel over a packet of pistachio nuts.
And in an extraordinary scene inside the King Street court following the verdict this afternoon, the family of Samoan-born "John" Hunuki Tamapeau wept and embraced the accused, Damien Peter Hopper, in an expression of forgiveness, some kissing his cheek.
One female relative who did not want to be named told him after kissing him: "You will always be in our prayers."
Mr Hopper, of Roselands, a 28-year-old of rugby league footballer in the St George region competition, shed tears as he embraced Mr Tamapeau's sisters and nieces and a nephew who had travelled from Samoa and New Zealand for the seven-day trial before Justice Peter McClellan.
Mr Hopper stood accused of murdering Mr Tamapeau, 25, an off-duty security guard, in a drunken fight at 3.50am outside the Mortdale Hotel on April 30, 2005.
Both men had been with separate groups of men on late night pub crawls who were refused entry to the hotel.
The two men, who did not know each other, clashed after Mr Hopper asked Mr Tamapeau's prospective brother-in-law, William McColl, if he could have a pistachio nut from a packet he was eating.
Mr Hopper's defence contended he had acted in self defence and that Mr Tamapeau -- who snatched the packet from Mr McColl telling Mr Hopper to go and buy his own -- had been the aggressor, taunting him to fight.
The jury heard that Mr Tamapeau played a "cat and mouse game" with Mr Hopper outside the pub, taunting him and waving a belt at him on three occasions when Hopper tried to leave.
It was during this that Mr Tamapeau fell backwards hitting his head with such force that medical evidence given was that it was most likely the fall which caused the fatal injury, rather than punches to his face as he lay unconscious.
Mr Tamapeau's relatives also embraced and kissed Mr Hopper's parents and relatives, who also wept after the verdict.
Detective Sergeant Cameron Templeton said Mr Tamapeau's family "were a deeply religious and loving family" who had prayed constantly throughout the trial for not only Mr Hopper, but his family the judge, jury and the legal counsels.
Before leaving the court Mr Tamapeau's held a collective prayer for Mr Hopper.
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