OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 10, Issue 454, 22 September 1992, Page 12

OHAKUNE DISTRICT COURT

The follo wing defended hearing was heard by Judge Richard Watson in the Ohakune District Court on Thursday 10 September. Constable Brian Wilson of Ohakune appeared for the police prosecution. Jason John Collett, 22, ski mechanic and Kake Paul, 18, unemployed, both of Ohakune pleaded not guilty to a charge of assaulting Stephen John Tier on 28 May. The charge was brought under the Crimes Act. They were represented by Mr Paul Brown of Taihape. The first prosecution witness was Stephen John Tier, part-owner

and licensee of the Snow Rock Restaurant and Bar in Thames Street, Ohakune Junction. He told the court that he was working behind the bar on the evening in question when at about 11pm, Jason Collett had turned up wearing football shorts with mud on his legs following rugby practice. Collett was refused entry and advised to put some jeans on in order to conform to the restaurant' s dress code. He retumed wearing track suit pants and was allowed in by Thomas Rawiri who was security guard that night. Meanwhile one of Colletts' associates, Jason Hern, who had ar-

rived together in a group, including Kake Paul, was trying to pick a fight with witness. Mr Tier said that he told Hern to "forget about it and go home" but that Hern came behind the bar and threw the first punch. Mr Tier retaliated by punching Hern who fell to the floor whereupon Kake Paul grabbed witness by the throat from behind in a head lock. Othersjoined in and Mr Tier received 20-30 punches while crouched down. He said he received the last punch from Jason Collett. As a result of this assault Mr Tier said he had four stitches for an injury to his chin and suffered extensive bruising to his face and body. He had left by the back door and, when he returned from the doctor, he found that about 30 CDs and a leather jacket had been stolen and several bottles broken. The second prosecution witness, Colin Jrofski, part owner of the restaurant, said when he saw trouble brewing he had left to phone the police from the nearby Powderkeg Restaurant because there was no telephone on the Snow Rock premises. When he returned 3-4 minutes later he saw the verbal threats, abuse and swearing had erupted into a full scale fight with about 3-4 people behind the bar punching and kicking his partner. These included Collett and Paul who were seen to hit Tier "half a dozen times". The third prosecution witness was Thomas Rawiri who said he was doorman on the night. He said he was involved with a person who had been refused entry at 11 pm when he heard some smashing noises within the restaurant. He went in and saw "45 guys behind the bar hitting Tier who was

calling out for help". He saw Paul deliver one punch and, when he first saw Collett, Mr Rawiri said he thought Collet was trying to pull his associates off but then saw him hit Tier. He said he went to help Tier and after pulling several people from behind the bar he advised Tier "to get the hell out of it by leaving through the back door". Shortly after the police arrived. Fourth prosecution witness Police Constable Stuart Ngatai said he received a call from Ohakune at 11.30 pm on 28 May and had driven immediately from Raetihi to the Snow Rock Cafe. On arrival he saw several people milling around and noted evidence of a disturbance: broken bottles, damaged bar etc. Next day he interviewed Collett and Paul separately. They both denied being involved in the assault. At the request of defence counsel the Court took a short adjournment and when it resumed Mr Brown said his clients were prepared to change their pleas to 'guilty' if the police agreed to amend the charges of assault under the Crimes Act to the lesser charge of assault under the Summary Proceedings Act. The police agreed to this amendment and both defendants entered guilty pleas. In his summing up Judge Watson said while neither defendant had initiated the assault both had got involved as part of the "pack mentality" and Collett had delivered what was known as a "slipper punch" Each defendant was convicted and fined $100, court costs $95. Defendant Paul was also convicted and fined $100, court costs $95 on a separate cannabis charge to which he had earlier pleaded guilty.