All Black case suppression sought
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.
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.