The family of the man convicted of common assault after pushing his 7-year-old son over on a rugby field say the charge was "sheer stupidity".
Glenn Groves' fiancee and mother, who are standing by him, toldthe Herald the police charged him based on the complaint of a passerby who saw "one minute of something that went on for 30 minutes".
They said Groves pleaded guilty to the common assault charge only because he could not afford to hire a lawyer to defend it, which they were told could cost thousands.
As he and his fiancee both work, they did not qualify for legal aid. Having just bought a home in suburban Lower Hutt, they could not afford the fees.
Groves repeatedly shoved his son when he refused to play rugby.
The 44-year-old electrical fitter, who has no previous convictions, hopes to be discharged without conviction when he goes to court for sentencing in September.
He faces a maximum of six months' imprisonment or a $4000 fine.
"Just because he pleaded guilty doesn't mean he did the act. He simply could not afford to plead not guilty," said his fiancee, who did not want to be named. "He only pleaded guilty for our sake."
She said they had a blended family of four, who were distraught.
"If we had $10,000, we'd be going to court with it. But we can't destroy four kids' lives because of it."
She said the woman passerby complained about something that hundreds of others at Fraser Park saw but did not believe was a problem.
"She has taken it out of context and we are the ones that pay the price."
Groves' mother, Val, said she had no problems with the treatment of her grandson. She said of her son: "You could not get anyone more ordinary".
She said he cried with shame when he stood in the dock, with his first appearance coincidentally on the first anniversary of his father's death, a sad day for the family.
Val Groves questioned if the new anti-smacking law was working as Prime Minister John Key had said it was "when ordinary New Zealanders like my son are getting pinged for something like this".
Groves has been thrust into the middle of the debate on the anti-smacking referendum, with pro-smacking lobbyists saying his actions show the police being heavy-handed and supporters of the law saying his behaviour was poor parenting.
The smacking law change means Groves could not have cited use of reasonable force for the purpose of correction as a defence had he chosen to contest the charge. The law change put the onus on police to use discretion and not lay charges if cases are considered so inconsequential there is no public interest.
The police summary of facts says Groves laid a hand on his son's back to redirect him to the rugby game, but as the boy resisted, he fell.
He stood up three times and was pushed by his father, falling to the ground each time. After the bystander complained to police about the level of force applied, Groves admitted pushing his son, explaining that he was tired and was determined that his son would not let the team down.
Family back rugby dad who pushed 7-year-old
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