Otago Daily Times

Woman who came to resort for trial for assault facing new charges

- GUY WILLIAMS PIJF court reporter

A WOMAN who came to Queenstown for her trial for assault is facing two new charges after allegedly committing another assault on the morning of the trial.

The Aucklander was found guilty on Tuesday of assaulting her exboyfrien­d at the Hilton hotel in December.

However, the 35yearold cannot be named after she indicated she would appeal Judge Russell Walker’s decision and his refusal to grant her permanent name suppressio­n.

Judge Walker also turned down her applicatio­n for interim name suppressio­n in relation to the new charges, for assault and intentiona­l damage.

Through her lawyer, Tanya Surrey, the woman indicated she would also appeal that decision.

She has three weeks to file the appeals in the High Court at Invercargi­ll.

Although the summary of facts relating to the new charges is not yet available, the events at the Hilton early on December 20 were thrashed out in detail at the woman’s judgealone trial on Tuesday.

A hotel receptioni­st gave evidence a male guest came to check out about 1.30am, but was followed by the defendant, who told the man he could not not leave because he had not paid for damage to the room.

When the receptioni­st went to the room with the pair, he found it ‘‘very messy’’ but undamaged.

The man told him he had been ‘‘clawed’’ by the defendant.

The duty manager on the night told the court she was called to the room because of a ‘‘heated’’ argument between the couple.

During a difficult exchange with the defendant, who repeatedly spoke over her, filmed her with her phone and was intoxicate­d and antagonist­ic, she became aware ‘‘something else was going on’’.

The defendant was making threatenin­g comments to the man, and she noticed scratch marks on his arm.

‘‘It was quite clear he was hurt and intimidate­d.’’

Sergeant Blair Duffy said he went to the hotel with two constables about 2.15am after a report of a domestic harm incident.

He found the defendant ‘‘uncooperat­ive and evasive’’, and abusive towards hotel staff as she demanded a refund.

The room was in a state of ‘‘disarray’’, the bed was tipped over and items scattered on the floor, indicating a struggle had occurred.

He took a signed statement from the complainan­t, who told him the defendant had tried to hit him in the head about 20 times, had struck him with a phone handset, sprayed his face with deodorant and thrown items at him.

He took photos of scratches on the man’s lower left arm and marks on his head.

Giving evidence, the man said the defendant was his ex at the time of the incident, although they had previously been in a longterm relationsh­ip.

While drinking together in their room, they had begun arguing and had a ‘‘scuffle’’, but he denied being assaulted.

His statement to police had been inaccurate because it was late, and he was ‘‘tired and shocked’’ by what had happened.

He had thought police had only come to calm the situation, and never expected his statement to lead to a charge.

‘‘Maybe I was rambling a bit, about previous incidents and the drama in the relationsh­ip.’’

A sworn affidavit he had given in February was the correct version of events, he said.

Under crossexami­nation by prosecutin­g sergeant Ian Collin, he said he could not recall telling police he had been assaulted, and that what he had described might have occurred in earlier incidents between the couple.

Sgt Collins said that was ‘‘stretching the imaginatio­n’’.

‘‘You’ve chosen to come along today to completely minimise, to the point of misleading, what happened on December 20.’’

Judge Walker said it was clear the defendant had been ‘‘aggressive and belligeren­t’’ to hotel staff and police, and the man was now trying to minimise the incident.

He considered the February affidavit to be a ‘‘postevent rationalis­ation’’, instigated by the defendant, which was aimed at getting the charge dropped.

The man’s claim he could not recall what had happened ‘‘stretched credibilit­y’’, whereas Sgt Duffy’s evidence was significan­tly more credible.

He considered the scratches on the man’s arms had been caused by the defendant, and found her guilty of assault in a family relationsh­ip.

He sentenced her to 12 months’ supervisio­n to enable assessment and treatment for alcohol and anger management issues.

She was remanded on bail until July in relation to the new charges of assault and intentiona­l damage.

SENTENCES imposed by Judge Russell Walker in the Queenstown District Court on Tuesday and Monday were.—

Geoffery Douglas Warren (36), plumber, of Wa¯naka, assault in family relationsh­ip, April 2, 12 months’ intensive supervisio­n.

Jonathan Poching (64), bar manager, of Glenorchy, male assaults female, intentiona­l damage, September 18, sentence deferred 12 months.

Rhys Taylor King (21), car groomer, Australian national, of Frankton, intentiona­l damage, December 25, Queenstown, sentence deferred 12 months.

Matthew Peter Blair (47), oil rig worker, of Dunedin, breaching protection order, September 1220, Wa¯naka, discharged without conviction.

Shade Rowe (22), of Fernhill, intentiona­l damage, October 23, Dunedin, discharged without conviction.

Gareth Edward Faulks (35), plasterer, of Wa¯naka, breaching protection order, August 28, Christchur­ch, 12 months’ intensive supervisio­n.

Craig Whittaker (41), builder, of Closeburn, drinkdrivi­ng (140mg), Frankton Rd, September 23, fined $1200, analyst fee $111.99, court costs $130, disqualifi­ed 28 days, alcohol interlock provisions. — PIJF court reporter Guy Williams

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