Auckland, July 7 NZPA - A jury has retired to consider whether a Hungarian tourist who allegedly used a banjo to beat and throttle a 69-year-old man is guilty of his murder.

Ferdinand Ambach, 32, a dive master in Hungary, is charged with the murder of Ronald Brown in Onehunga.

Mr Brown's battered body was found at his flat in the early hours of December 7, 2007. He died three days later in hospital on December 10 after his life support was switched off.

The jury, of three men and nine women, was told that Mr Brown was assaulted with a 2.7kg banjo. He was struck on the head with a number of blows.

Ambach allegedly met Mr Brown in 306 Bar in Onehunga, before he went back to his flat.

The jury was told there was a misunderstanding between the men, with Mr Brown wrongly thinking Ambach was gay.

A heated argument broke out between them. The Crown said Mr Brown was struck five times before Ambach rammed the broken-off neck of the banjo down his throat.

When police arrived at the scene, they found Mr Brown badly injured and Ambach throwing furniture through an upstairs window and on to the lawn, while yelling in Hungarian.

Ambach told police that he could only remember parts of what happened that night.

Summing up the case, Judge Helen Winkelmann said they should put aside any prejudices they may have about homosexuality.

"Mr Brown was a homosexual but he kept his sexuality separate from his friends and family. That doesn't make it blameworthy.

"You have to reach your verdicts based on what you've heard," she said.

The jury was told they had to agree on three areas - that there had been a homicide, that it was a culpable homicide and that the accused had murderous intent.

Judge Winkelmann added that the jury had to consider how Ambach reacted before and after the attack, and whether he was provoked by sexual advances from Mr Brown.

They were also told to consider whether these advances caused Ambach to lose the power of self control.

NZPA AKL rp kk gt