Bashing-case trial advanced to next month

Photo / Martin Sykes

The trial of three men allegedly behind a near-fatal random attack on an Auckland father is set to go ahead next month - more than a year earlier than the original date of May 2015.

The change came about after the victim's family spoke to the Herald about their concerns over the length of time between the alleged assault in November 2012 and the fixed trial date in May 2015.

The trial was due to start in the Auckland District Court in November but was put off at the last minute after the Crown requested more trial days and defence lawyers were not available. A stand-by date was set for this August and a firm date in May 2015.

The victim Mike, whose last name the Herald has agreed not to publish, was in a car waiting for a friend in Pt Chevalier when he was attacked. His friend was also assaulted.

Every bone in Mike's face was broken and he spent three weeks in a coma. When he woke, he did not recognise any of his family and spent months in a brain injury rehabilitation unit. He has returned home but requires fulltime care and has permanent brain damage.

At a hearing last month, Judge Anne Kiernan said the case should be heard as quickly as possible and offered the April date.

Easter and Anzac Day would disrupt the trial, which concerned lawyers for both sides, she said. The Crown prosecutor was not available, but a new one would be assigned.

"Although I hear what counsel say about the slightly disjointed nature of the trial over the public holidays, that is not in itself reason not to accept the date."