A jury considering the fate of a man charged over a fatal road rage incident has been discharged after failing to reach a verdict in a trial in the Supreme Court in Brisbane.
Tamate Heke is accused of punching Shane Merrigan during a roadside altercation that lasted less than 20 seconds.
The 50-year-old was killed when he fell backwards into the path of an oncoming garbage truck on the Gateway Motorway at Eight Mile Plains on Brisbane's southside in December 2015.
Heke pleaded not guilty to manslaughter and the alternative charge of unlawful striking causing death.
During his week-long trial the court heard he was being tailgated and cursed at while driving home from a 12-hour shift.
Witnesses said they saw both men pull over to the side of the road and begin arguing.
The 38-year-old's defence team told the court the punch may have been an act of self-defence and suggested Mr Merrigan hit Heke first.
The prosecution argued not one witness saw that happen and there was a multitude of lies in Heke's police interview the night of the death.
The jury retired on Friday, and today had twice told Justice Peter Applegarth it could not reach a unanimous decision.
He directed them back into deliberations saying they could instead reach a majority verdict.
But a short time later the jury returned to court saying it could not agree.
The director of public prosecutions will need to decide whether to proceed with a retrial in the case.
It will be mentioned in court this Friday.
