Brothers sentenced for attack

TWO North Otago brothers who assaulted and racially abused a Japanese man at an Oamaru restaurant will spend 60 and 40 hours doing community work as punishment.

Quintin Ellen Fisher (21), of Kia Ora, and Cory Wayne Rawstorn (24) were sentenced in the Oamaru District Court yesterday.

The pair pleaded guilty in March to disorderly behaviour and Fisher also entered a guilty plea to common assault.

Yesterday, Judge Joanna Maze sentenced Fisher to six months’ supervision with special conditions and 60 hours of community work, and Rawstorn, a freezing worker, was sentenced to 40 hours of community work for what they did to Queenstown resident Kazuyuki Suzuki.

On January 21, Fisher and Rawstorn were at North Star Restaurant and Bar and took exception to Mr Suzuki, who was dining with his wife and two teenage daughters, speaking in Japanese.

The police summary of facts said the brothers directed a ‘‘tirade of racially abusive and obscene remarks’’ to the man about his lack of English and objected to his choice to speak only in Japanese.

The brothers were asked to leave by North Star’s staff.

Fisher rushed at the victim when he left the premises with his family.

Fisher continued his tirade of racial abuse and obscenities before breaking free and pushing past bar staff and ‘‘viciously’’ punching the man twice in the face and elbowing him in the head, knocking him to the ground.

The man was left shaken and suffered bruising and grazes to his forehead.

Outside, Rawstorn attempted to push past staff to get back inside the bar.

Police said the victim then yelled something in Japanese.

Rawstorn believed the man was yelling something derogatory at him and decided to run towards him ‘‘aggressively’’, but was restrained by a member of the public.

Fisher’s counsel, Katherine Henry, said her client had missed his medication he was on for post traumatic stress disorder, attentiondeficit/ hyperactivity disorder and anxiety.

He accepted it was his obligation to make sure he was on his medication, but given the circumstances he genuinely felt as though Mr Suzuki was insulting him.

Rawstorn was told by Judge Maze he did not have the same mitigating factors as his brother.

Rawstorn’s counsel, Ngaire Alexander, said during the altercation outside the restaurant her client did not want to go back inside the restaurant so he would not be drawn into the assault, but he thought Mr Suzuki did say something derogatory towards him.