KEY POINTS:
The father of a murder victim was so "overcome with emotion" after hearing about his son's injuries that he assaulted the accused in the Nelson District Court yesterday morning.
Malcolm Francis Harley, 47, of Masterton, was convicted late yesterday of assaulting Damien Harley MacDonald, 20, after leaping from the front row of the public gallery and punching him twice in the head.
MacDonald is charged with murdering Harley's son, Nicholas William Winter, 26, in Nelson in March. Mr Winter suffered serious facial injuries and was found dead on his front lawn.
Detective Kelvin Heiford was giving evidence about Mr Winter's injuries just half an hour into the first day of the depositions when the assault occurred.
Later, when Harley pleaded guilty to a charge of assault, his lawyer, Tony Bamford, said his client had been overcome with emotion after hearing of the injuries inflicted on his son.
He said Harley's positioning just behind MacDonald in the front row of the public gallery had not been intentional. The front row was the only place seats were left in the public gallery.
Judge Tony Zohrab expressed sympathy for Harley but reminded him he could not behave like that in the court.
"I accept that it was a difficult hearing for you this morning and I am sympathetic. But there is a process to be worked through. You can't behave the way you behaved. You are entitled to be present but you have to respect the environment."
He fined him $500 plus $130 court costs. Harley will be allowed back for the hearing, to be held in a larger courtroom.
- NZPA
