BY CLIO FRANCIS - Last updated 11:54 18/09/2009
The Hungarian divemaster who shoved a banjo down a man's neck, killing him, is a "disgrace" to his country, his victim's family says.
Ferdinand Ambach, 31, successfully used the controversial provocation defense during his trial for the murder of Aucklander Ronald James Brown, 69.
On December 7, 2007, police discovered Mr Brown lying on the stairs at his Onehunga flat with a red banjo shoved down his throat.
Ambach was found barricaded in a cupboard on the second floor. Mr Brown died two days later in hospital.
Ambach claimed Brown, who was gay, made unwanted sexual advances towards him. During his High Court trial, Ambach's lawyer Peter Kaye said Brown may have attempted to rape Ambach, triggering a "monstrous rage" which caused him to lose self-control.
He was found not guilty of murder, but guilty of manslaughter after a trial at the Auckland High Court in July this year.
At the High Court this morning, Justice Helen Winklemann sentenced Ambach to 12 years imprisonment with a minimum non-parole period of eight years.
Justice Winklemann said Brown's death had been "a truly cruel and brutal crime".
Outside court, Brown's niece Tracey Evans told waiting media the family was pleased with the verdict.
"Whilst we are still very upset that the partial defense of provocation has allowed a manslaughter verdict, we are delighted that the judge has recognised the true facts in the case and given Uncle Ron back the dignity he deserves."
In court, she told Ambach of the devastation and heartbreak he had brought to her family.
"Our family, as I'm sure you have seen, is close-knit and very tight. It was only through this that we got through the last years of hell," Ms Evans said.
She called Ambach a "coward" and a "disgrace" to his country.
"I hope you live with the shame and the guilt for the rest of your life."
Another niece of Mr Brown, Helen Whiting, said Ambach's defense argument that he had been provoked to kill Mr Brown because he was "scared and frightened" was "pathetic".
It had been deeply painful to have to sit quietly in court for weeks as Ambach set out on a "character assassination of my uncle", Ms Evans said.
Mr Brown's sister, Colleen Wise, told the court of her horror when she learned her "beloved" brother was in hospital.
"I received a call from my husband which was to change all of our lives.
"Nothing prepared me for the horror we felt when we saw my brother's battered and bruised body."
A tearful Mrs Wise stared directly at an impassive Ambach as she read her statement, saying: "Ambach, your vicious and cowardly beating of a man 40 years your senior has caused our family immense pain."
Ambach had "trashed" the name of a good man in his use of the controversial provocation defence, Mrs Wise said.
"You took from me my lovely, funny, gentle, intelligent brother who has always been my best champion."
Mrs Wise said the family had been appalled to listen to the defense's "outrageous claims" day after day in court.
"We are hoping for a repeal of the provocation defense is imminent even though it is too late for Ron."
http://www.stuff.co.nz/national/2877950/Tourist-who-killed-with-banjo-jailed-for-12-years
The Aspen Daily News reported "The banjo is considered "a deadly weapon" under Colorado law". On New Year’s Eve, Joseph Stancato of Denver allegedly struck another man in the head with his banjo after a minor altercation District Judge James Boyd has approved Stancato’s request to be allowed to tour with his band while awaiting his court date. If convicted of assault with a deadly banjo, Stancato could be imprisoned.
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