Vietnam War vet charged with assault
An elderly 1080 protester ‘‘came out swinging’’ at a DOC security guard during a Whitianga protest, Thames District Court has heard.
Protester and Vietnam veteran Graeme Sturgeon, 69, was charged with assault after the incident on October 17 last year.
However, Sturgeon maintained in court that the security guard threw the first punch.
During the first day of the trial on February 19, security guard Richard Lane said he saw Sturgeon drive his vehicle at speed toward him down the alleyway next to the Department of Conservation’s Whitianga base in Joan Gaskill Drive.
At that time, DOC staff were loading 2300 tonnes of 1080 poison on to four trucks for transport to a drop zone in the Coromandel Ranges.
‘‘The vehicle veered towards me and I stepped out of the way and turned around and went back to where the vehicle was stopping,’’ Lane said.
He then walked toward Sturgeon’s four-wheel-drive to ascertain any threat level to DOC staff and property, he said.
He saw Sturgeon lean over to the passenger side and was concerned that he had picked up a weapon.
Lane said he opened the driver’s door and was confronted by Sturgeon, who kicked him in the stomach ‘‘hard’’ enough to wind him.
‘‘[He] kicked me in the stomach and lashed out,’’ Lane said.
‘‘The effect was to take the wind out of me to start off with. I held on to the gentleman and he started punching.’’
CCTV video footage shown in court did not show what happened while Sturgeon was in the car but then the pair could be seen leaving the car, with Lane holding Sturgeon at arm’s length while Sturgeon threw punches at Lane’s head.
Lane said the incident left him with a sore stomach for three days and a sore jaw for more than a month.
Lane saw Sturgeon had received a bloody nose during the incident but ‘‘had no idea how that came about’’.
Truck driver Murray Rogers told the court he saw Sturgeon punch and kick Lane.
‘‘As he opened the door, I saw a fist come out. It happened reasonably quickly and then a boot came out of the vehicle,’’ he said.
He saw Sturgeon strike Lane around the face as Lane ‘‘dragged’’ Sturgeon out of the vehicle.
‘‘They were just sort of holding on to each other and scuffling, they broke up and just basically started talking to each other.’’
Sturgeon was in a ‘‘highly agitated’’ state, Rogers said.
Rogers told the court he didn’t see Lane throw any punches.
Sturgeon, an author from Coromandel and former DOC worker, told the court he didn’t see the security guard when he drove down the alley, because it was dark.
He said he drove down the alleyway about 5km/h, no faster than walking speed, and stopped when he saw the trucks.
He was there to witness the 1080 being loaded on to the trucks. ‘‘The disruption was caused by them, we were peaceful people.’’
Sturgeon said he was reaching over to get his camera from the left hand side of the dashboard when Lane opened the driver’s door.
‘‘I remember the door flying open and a fist coming through the door and it hit me smack on the nose,’’ he told the court.
He said the blow stunned him and he only had a ‘‘fleeting glimpse of things’’ after that point. Sturgeon denied kicking Lane. ‘‘It’s impossible for anyone, it’s certainly impossible for a 69-yearold. I’m no athlete at my age,’’ he said.
Sturgeon said his internal door latch was broken during the incident and he was left with a bloody, swollen nose, a sore shoulder and a ripped shirt and jacket.
More witnesses will be heard at the court on February 20.