Former Tasman Mako spared conviction

A rugby player who punched a man several times in the head in a ‘‘revenge attack’’ has been spared a conviction so he can pursue a career in education.

Former Tasman Mako flanker Braden Stewart, 21, was driving through Marlborough with two friends when they spotted a man pulling the finger at them.

The man had assaulted Stewart six months earlier, and was later convicted of assault with intent to injure. Stewart and his friends still harboured a grudge and after recognising the man, turned the car around to confront him, a police summary of facts said.

Stewart asked for a discharge without conviction in January following the assault in July last year in an effort to save his rugby career.

But Stewart’s lawyer Rob Harrison said at the Blenheim District Court on Monday his contract with the rugby union had already ended.

Stewart decided to pursue a new career path, but a conviction for violence could make it difficult to get a job in his new field, Harrison said.

Several people had written to the court in support of Stewart, Harrison said. Police no longer opposed the discharge without conviction, in light of Stewart’s new career path.

Judge Peter Butler said the assault ‘‘would be viewed by many as a revenge attack, taking matters into your own hands’’.

The new reason behind Stewart’s application for a discharge had ‘‘saved the day’’ for him, Judge Butler said.

‘‘I was disinclined to grant the application on the basis of a professional sports player’s career. But now I’m inclined to grant it. Suddenly this has become a very ordinary application.’’

However, he could not grant final name suppression, as there was no evidence that publication of his name would cause him extreme hardship, Judge Butler said. If a future employer was dissuaded from hiring Stewart due to the media attention, Judge Butler said the employer should request a copy of his judgment ‘‘which will say some good things about Mr Stewart’’.

‘‘A conviction for violence would make things very difficult for you, getting employment in that field.’’

Having weighed up the gravity of the offence, which Judge Butler described as low, and the potential consequences of conviction, he granted the application and discharged Stewart without conviction.

‘‘I hope the sport you love is not lost to you. It need not be. You can still play it, perhaps not at the level you once had, but it still may bring enjoyment to your life,’’ Judge Butler said.