ACC dispute background to assault

A WANAKA beneficiary ‘‘consumed’’ by a dispute with the Accident Compensation Commission (ACC) was yesterday found guilty of assaulting a Wanaka physiotherapist last year.

Neville Morgan Mitchell (61) had denied assaulting Brett Jenkins in Wanaka, on June 8.

During a trial before Judge Alistair Garland in the Queenstown District Court on Tuesday, an hourlong DVD recording of an interview was played to the court canvassing Mitchell’s ongoing battle with ACC.

At the time of the incident, he said he had seven claims with the commission, one of which related to a shoulder injury, for which he had treatment at Wanaka Physiotherapy.

He felt that had been lacking and said the injury required surgery, but ACC had declined the claim.

Judge Garland said Mitchell was ‘‘clearly an intelligent, wellspoken, but very determined man’’.

‘‘It became clear to me when watching and listening to this interview that Mr Mitchell is consumed by his dispute with ACC.

‘‘It’s obvious that Mr Mitchell’s relationship with ACC is somewhat tense, to say the least.

‘‘He has been barred from ACC offices and was told before this incident he was not permitted to get a meeting at Wanaka Physiotherapy to address his complaint.’’

Nevertheless, on June 8 Mitchell went to the clinic to again request a meeting.

Clinic owner Virginia Rutledge took Mitchell into the staff room, leaving the door open, to discuss his issues after she saw him loudly making a complaint to the receptionist.

Mitchell became heated and called his physiotherapist ‘‘an old boiler’’ and a ‘‘quack’’.

Mr Jenkins, who had been in his office opposite the staff room with the door open, then intervened as the conversation had become ‘‘personal’’.

He introduced himself, recommended the meeting come to a close and the parties reconvene at a later date, perhaps with a mediator, before beginning to escort Mitchell out.

As the pair were walking almost sidebyside down a corridor Mr Jenkins said Mitchell shoved him three times around the left elbow/arm — twice in the corridor and once in the reception area, with sufficient force for Mr Jenkins to almost lose his balance and fall over a child in the waiting room.

‘‘In relation to each of the three contacts, Mr Jenkins said that they were aggressive enough to indicate there was an intent to agitate him,’’ Judge Garland said.

However, Mitchell alleged Mr Jenkins ‘‘came storming’’ into the staff room, tried to physically pick him up from the chair, and demanded he leave.

He alleged Mr Jenkins pushed him and, when he stood up, used ‘‘stand over tactics, like a boun cer’’ before ‘‘physically butting me with his chest and physically pushing me out of the way’’.

He accepted he had pushed Mr Jenkins while walking down the hall but said that was because Mr Jenkins had been getting in his face and he felt intimidated and threatened.

Judge Garland said he preferred the evidence of Ms Rutledge and Mr Jenkins and found the charge proved.

Mitchell, who had no ability to pay a fine and had significant health issues, was sentenced to 40 hours’ community work, and nine months’ supervision with special conditions, including to attend and complete the Positive Lifestyle programme.

Mitchell had earlier admitted an unrelated charge of disorderly behaviour likely to cause violence, which occurred at the Maui Campervan reception in Queenstown on November 7.

On that charge he was fined $200 and ordered to pay court costs of $130.

Fines and costs were to be paid at $5 per week.