All Black case sup­pres­sion sought

Central Otago Mirror - - NEWS -

As­sault ac­cused chooses jury trial

The Christchurch man ac­cused of as­sault­ing for­mer All Black Justin Mar­shall in Queen­stown has elected trial by jury.

Adam David Kearns, 23, ap­peared in the Queen­stown District Court on Mon­day be­fore Judge Christina Cook, charged with as­sault with in­tent to in­jure on April 18. Kearns, the son of con­victed killer He­len Mil­ner, elected trial by jury and was re­manded on bail to ap­pear in the In­ver­cargill District Court on Septem­ber 19.

Kearns and another man were charged over the in­ci­dent near the en­trance of strip bar Club 88 in Sho­tover St.

Mar­shall, 40, did not suf­fer se­ri­ous in­juries and was de­nied name sup­pres­sion at an ini­tial court hear­ing.

There was ex­ten­sive dis­cus­sion of in-court me­dia ap­pli­ca­tions to take pho­to­graphs, which were de­clined by the judge.

Lawyer So­nia Vi­dal said the names and pho­to­graphs of Kearns and the al­leged vic­tim were pub­lished pre­vi­ously and the de­fence case in­cluded CCTV footage that con­tra­dicted Mar­shall’s claim.

The is­sue for her client was at­tach­ing an in-court photo to any story clearly iden­ti­fy­ing Kearns and the link to his mother.

This was po­ten­tially prej­u­di­cial for his trial, she said.

She sub­mit­ted that the risk of prej­u­dic­ing a right to a fair trial out­weighed the pub­lic in­ter­est in pub­lish­ing an in-court pho­to­graph. "[An in-court pho­to­graph] iden­ti­fies who he is.

‘‘It raises is­sues re­lat­ing to his mother.

‘‘His con­cern is he has been tainted by his mother’s con­vic­tions, if there’s a photo and sto­ries then that prej­u­dices his fair trial rights as in­for­ma­tion that po­ten­tial ju­rors might not or­di­nar­ily deal with."

Sergeant Ian Collin said there was no is­sue re­gard­ing iden­ti­fi­ca­tion in the case.

The judge said she was sat­is­fied there were rea­son­ably un­usual cir­cum­stances and there was a prej­u­di­cial risk if an in-court pho­to­graph was pub­lished.

Ex-cage fighter’s re­ac­tion ‘‘in­ap­pro­pri­ate’’

A for­mer cage fighter nick­named The An­i­mal has been sen­tenced to 175 hours’ com­mu­nity work and six months’ su­per­vi­sion for bash­ing two men he claimed were hav­ing sex with his girl­friend.

Mixed mar­tial artist Ja­son Pa­trick Smith, 32, se­cu­rity of­fi­cer, ap­peared for sen­tence for two charges of as­sault with in­tent to in­jure on March 23.

In an un­re­lated mat­ter, he was also sen­tenced to 10 weeks’ com­mu­nity de­ten­tion with a 5pm to 3am cur­few for per­jury on July 26, 2012, by falsely stat­ing he had no in­come and lived off his chick­ens, a veg­etable gar­den and a gen­er­a­tor.

Re­gard­ing the as­saults, Smith told po­lice he dis­cov­ered two men hav­ing sex with his then girl­friend when he went to Frank­ton Mo­tor Camp.

He heard screams from a car­a­van where his girl­friend was stay­ing, burst in and at­tacked one man who was sit­ting on the bed. He landed a flurry of punches to the man’s head and body and when the other man tried to in­ter­vene, he too was at­tacked and punched un­con­scious.

They suf­fered bruis­ing and sore­ness.

Re­gard­ing the per­jury charge, the judge said Smith was un­der oath dur­ing a fi­nan­cial means as­sess­ment.

It was un­clear what trig­gered the as­saults but Smith’s re­sponse to the vic­tims’ be­hav­iour was in­ap­pro­pri­ate, she said.

Drugs

Ash­ley Paul Coles, 19, engi­neer, of Fern­hill, was sen­tenced to 20 weeks’ jail for; pos­sess­ing cannabis and in­ten­tional dam­age of a street sign on April 12; pos­sess­ing a bong and 1g of cannabis on May 16; pos­sess­ing a pipe on July 4 and breach­ing com­mu­nity work and su­per­vi­sion.

Cook said the fi­nal sen­tence was eight weeks’ jail given time served in cus­tody while await­ing sen­tence.

Care­less driv­ing caus­ing in­jury

Shih-Wei Chin, 41, of Tai­wan, was or­dered to pay $1900 repa­ra­tion and dis­qual­i­fied from driv­ing for six months for op­er­at­ing a ve­hi­cle care­lessly caus­ing in­jury on State High­way 6 at the Kawa­rau bridge bungy on Au­gust 11.

Po­lice nab boy racer

A 21-year-old Alexan­dra man has had his car im­pounded for 28 days af­ter ex­hibit­ing an ‘‘un­nec­es­sary dis­play of ac­cel­er­a­tion or speed’’ last Fri­day in the Kawa­rau Gorge.

This of­fence falls un­der the Boy Racer Act pro­vi­sions and as well as the ve­hi­cle be­ing im­pounded, charges are likely as a re­sult.

Bri­tish man charged

A Bri­tish man has been charged with deal­ing cannabis in Queen­stown, po­lice said. Se­nior con­sta­ble Chris Black­ford said the 28-year-old was ar­rested at a Robins Rd prop­erty. Of­fi­cers found 10g of cannabis and ev­i­dence of deal­ing, he said.

Tourist in trou­ble

A 27-year-old Aus­tralian tourist sparked com­plaints to po­lice when a car was driven er­rat­i­cally along Frank­ton Rd and bot­tles were thrown from the ve­hi­cle.

The man was driv­ing with a breath al­co­hol level of 916mcg, po­lice said. Of­fi­cers fol­lowed the rental ve­hi­cle along Frank­ton Rd at 4.20pm on Mon­day.

‘‘It’s of huge con­cern to po­lice and should be to the gen­eral com­mu­nity that these peo­ple are driv­ing around,’’ Black­ford said.

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