Woman held around neck by boyfriend

Judge says relationship ‘unhealthy’

A BOUNCER who practised his ‘‘holds’’ on his then girlfriend overstepped the mark, the Queenstown District Court was told this week.

‘‘He comes home from being a bouncer and then uses his holds on me . . . it’s not OK,’’ Elizabeth Horry told the court about her expartner, Jacob Mitchell Cummings (23), of Queenstown.

Cummings denied assaulting Miss Horry at Queenstown on October 25 and the case was heard by Chief District Court Judge JanMarie Doogue this week.

An argument over the defendant looking at pornography on his cellphone sparked the assault, Miss Horry said.

The couple were in the bedroom at home and after she grabbed his phone, he ‘‘restrained’’ her, holding her down, with his arm around her neck.

She dug her nails into his arm and bit him to get away.

She had been in a relationship with Cummings for three years before splitting up. He was ‘‘controlling,’’ she said. Miss Horry broke down in tears several times while giving evidence.

After she had completed her evidence, Judge Doogue said coming to court was a very difficult thing for her to do and she commended her.

Cummings gave evidence of restraining Miss Horry during the argument as he believed she was going to hit him.

Judge Doogue found the assault charge proved. No conviction was entered as defence counsel Liam Collins planned to apply for a discharge without conviction.

The defendant had no previ ous offending and would not be able to continue his employment as a bouncer if he was convicted, Mr Collins said.

Judge Doogue remanded Cummings for sentence on December 1.

She would be back in Queenstown on that date, she said.

The relationship between the complainant and defendant was obviously ‘‘volatile and unhealthy’’ and the defendant needed to get some help in the form of a Stopping Violence programme.

It would also be a good idea for him to make some form of reparation or payment to the victim before sentencing, Judge Doogue said.

A charge against 51yearold Central Otago man, of injuring his fiancee with intent to injure, was dismissed after a defended hearing.

Asked her connection to the defendant, the woman said she was engaged to him: ‘‘As far as I know, we’re still engaged, but I don’t know.’’

She cried while giving evidence and said she did not want to be in court.

On the night of the incident, the couple were staying in Queenstown, she was highly intoxicated and ‘‘being a bitch to him’’, she said.

She tried to headbutt him and he put his hand up in a reflex action to defend himself. His hand connected with her nose and broke it, she said.

She hit him in the face giving him a bleeding nose.

Judge Doogue suppressed the defendant’s name.

The woman was the aggressor and started the violence, she said.

The only witnesses to the incident were the defendant and complainant.