And police have confirmed the man involved is now set for another court date.
The Herald can reveal the 20-year-old’s case will be reviewed in the Auckland District Court next month. He’s pleaded not guilty after a 71-year-old nana of six was allegedly assaulted at Albert Park.
The man first appeared in Auckland District Court on April 20 and was granted interim name suppression. It was reported he had been accepted on the police diversion scheme in the Gisborne District Court.
Today the Herald can reveal the case was never sent to Gisborne and the reported diversion offer was made by mistake due to an administrative error.
The case will be reviewed at a hearing at 10.45am on August 10 in the Auckland District Court.
Women's Rights activist Kellie-Jay Keen-Minshull aka Posie Parker is escorted from Albert Park. Photo / Dean Purcell
Auckland Court Registrar Trevor Ng said despite media reports to the contrary, the case file never left the Auckland District Court. He would not comment on the diversion.
“The charges have never been to Gisborne, always in Auckland,” Ng said.
Ng said the suppression order of the name and details imposed by Judge Sellars “continues until the end of case”.
He would not comment on the police’s actions.
“I will not comment on the mechanics of the Police Diversion scheme as it is entirely at the discretion of the Police to offer, accept and manage a [defendant] through their scheme,” he said.
Police said in a statement that the man was “never offered” diversion from police and an initial request was declined by Police.
“The matter was administratively adjourned for diversion in error,” the spokesperson said.
“Further, it is still subject to active court proceedings and as such Police don’t have further comment to add at this time.”
Yesterday the pensioner allegedly assaulted in March said the Auckland court told her a new date had been set for the case review hearing.
The woman - who has told police she did not agree to diversion - told the Herald she was “gobsmacked”.
“Who knows what happens from here,” the mum of three said.
The woman previously said she would like to sit face-to-face with the youth and ask him some questions.
The man’s defence lawyer Emma Priest, a criminal barrister from Augusta Chambers, was still looking for a good outcome for all involved.
“The police diversion scheme is a great scheme to divert mostly first-time offenders out of the criminal justice system. These are usually young people who have acted completely out of character,” Priest told the Herald.
“Youth brain development tells us that young people not only make poor decisions in the moment, but also they have greater capacity for rehabilitation. The system allows them to rehabilitate and offer amends to the victim of their offending. They are often stories of redemption.
“In this case accepting and then withdrawing acceptance was a real blow to my young client. I expect this was distressing for the complainant too, who believed there was some finality to this matter only to be told that it was not finalised at all. Senior police oversee these decisions. The error is inexplicable and unfair in my view. I cannot comment further on the case given it will now progress through the courts in the usual way.”
During Posie Parker’s March rally at Albert Park, tensions escalated between opposing groups, leading to a confrontation caught on social media.
Parker aborted the Wellington leg of her #Let WomenSpeak tour when her Albert Park speech was drowned out by counter-protesters and she had tomato juice poured on her by a protester.
That matter is also still before the courts.
Her presence in New Zealand was highly controversial. Before her arrival, an online petition called for her to be kept out of the country.
About 150-200 people showed up in support of her Let Women Speak event but they were dwarfed by a much larger group of about 2000 counter-protesters.
Joseph Los’e joined NZME in 2022 as Kaupapa Māori editor. Los’e was a chief reporter, news director at the Sunday News newspaper covering crime, justice and sport. He was also editor of the NZ Truth and prior to joining NZME worked for 12 years for Te Whānau o Waipareira.
