A man who punched an accountant in self-defence has been cleared of manslaughter.

Richard McCormack, a Braintree Council accountant, hit his head on the pavement and died in hospital eight days later.

Philip Rathe, 27, clenched his fists in celebration as a jury returned a unanimous verdict yesterday.

The jury took just over 1 and a half hours to find Mr Rathe, of Grantham Avenue, Braintree, not guilty of the manslaughter of Mr McCormack, 34.

Mr Rathe's family cheered from the public gallery as the verdict was read out.

Over the course of the trial, which lasted a week, the court heard how Mr Rathe had been walking along Braintree High Street to catch a taxi home after a night out with his brother and friends.

While walking along the road in the early hours of December 16, Mr Rathe was approached by Mr McCormack, of Sedgwick Way, Braintree, who asked if he could perform an indecent act on him.

The jury heard how Mr Rathe had said he felt as if he was going to be attacked when Mr McCormack would not go away, so punched him once in the face.

After the punch, Mr McCormack fell to the ground hitting his head on the pavement, sustaining fatal injuries.

He was taken to Broomfield Hospital, Chelmsford, but transferred to London's Charing Cross Hospital when his condition deteriorated.

Mr McCormack died from multiple organ failure due to head injury on Christmas Eve

Police charged Mr Rathe with manslaughter on January 24.

Judge Philip Clegg, thanked Braintree police for carrying out a detailed and balanced investigation

Published Friday August 16, 2002

Brought to you by the Evening Gazette