By TONY STICKLEY
Prosecutors have dropped a charge of threatening behaviour laid against a West Auckland man over his performance of the haka.
%But Auckland Crown Solicitor Simon Moore says the decision to withdraw the charge against Dion Thompson, aged 34, had nothing to do with any "cultural embarrassment."
%The charge was laid after an incident in an Auckland cafe last April.
Thompson objected to cigarette smoke from other diners and asked a man to stop smoking. When the man continued, Thompson allegedly walked over to another diner and performed a pukana - the part of the haka that involves rolling of the eyes, poking of the tongue and thrusting of the upper body towards an opponent.
%Police said the diners, Chinese tourists unfamiliar with Maori culture, became scared.
%A woman with Thompson allegedly punched one of the diners.
Yesterday, defence lawyer Ron Mansfield said the charge had now been dropped.
Thompson, already serving time in Paremoremo, admitted some dishonesty offences unrelated to the haka incident and was given a concurrent six-month sentence.
Mr Mansfield said he believed that the police had no chance of securing a conviction for threatening behaviour.
The decision to prosecute in the first place was "bizarre" and in the eyes of many people the police would have looked silly if the prosecution had proceeded, he said. "I think they probably decided it was not in the interests of justice or in the resources that they would need to dedicate for such a prosecution to proceed."
Mr Moore said his prosecuting staff held the view that there was a certain futility in proceeding with the charge.
Thompson was already in jail. The important charges had been retained and the chance of any additional penalty being imposed cumulatively if Thompson had been found guilty of threatening behaviour was slight.
Cafe haka charge dropped
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