Police review discharge decision

Anti-violence group say judge shows lack of understanding of domestic violence and should step down

Police have confirmed they are “reviewing” a decision by a South Island judge to discharge a man without conviction after he violently assaulted his wife.

The man was sentenced in the Queenstown District Court on Monday on charges of assaulting his wife, his children and a male friend.

The charges came after the 58-year-old saw a text message between his wife and his mate, declaring their love for each other.

The court heard that the man then assaulted the friend and a struggle ensued.

When his daughter tried to separate the pair, the man grabbed her by the throat and pushed her down.

Then his wife intervened and he kicked her in the ribs, causing her to fall backwards.

Judge John Brandts-Giesen said the 58-year-old did not remember hurting his wife or daughter.

It was his first time before the courts.

The judge discharged the man without conviction, saying the incident was a “nasty assault” but had to be seen in context.

“Really, this is a situation that does your wife no credit and does the [male] no credit,” Judge BrandtsGiesen told the man. “There would be many people who would have done exactly what you did, even though it may be against the law to do so.

“I consider that the consequences of a conviction are out of all proportion to what happened on this occasion.”

New Zealand has the worst rate of family violence in the developed world, and in recent years the police have ramped up efforts to reduce and prevent incidents — and to raise awareness and encourage victims to report incidents.

It is no wonder New Zealand has the domestic violence issue it does when judges sentence like this. Victim advocate Ruth Money

The Herald asked police if Judge Brandts-Giesen’s comments contravened their message.

Otago Lakes Central Area Commander Inspector Olaf Jensen could not comment specifically on the case.

However, he confirmed that police were looking closely at the sentencing decision.

“We are reviewing the decision, but at this stage aren’t in a position to comment further,” he said.

Auckland barrister and spokeswoman for the Auckland Coalition for the Safety of Women and Children Catriona MacLennan called for Judge Brandts-Giesen to step down from his role.

“It is inappropriate for Judge Brandts-Giesen to continue sitting on the bench,” she told the Herald. “His reported comments and the sentence imposed display a complete lack of understanding of domestic violence.

“He victim blames and minimises assaults on three people.”

MacLennan said the comments and sentence “run completely contrary” to what Chief District Court Judge Jan-Marie Doogue said in March last year.

“Genuine potential exists for the courts to be a ‘circuit breaker’ for families trapped by violence,” Judge Doogue said then. “Judges of the District Court are willing to play our part.”

MacLennan said the police should appeal against the discharge without conviction.

Victim advocate Ruth Money was also appalled by the judge’s comments.

“It is no wonder New Zealand has the domestic violence issue it does when judges sentence like this.

“I beg the police on behalf of New Zealand to appeal.”

Anti-family violence charity Shine said they were disgusted.

“This is the kind of statement — from people in positions of power — that normalises, justifies and underpins violence,” said communications manager Holly Carrington.

In New Zealand, judges do not have to explain or justify their decisions. Every judge is independent and their decisions “must not be influenced by anything other than the law and the arguments presented in court”.

Judge Brandts-Giesen was appointed to the judiciary in August 2016.

Before he became a District Court judge he had practised law for more than 40 years.