The fisherman was assaulted at New Plymouth's Lee Breakwater in January this year.
A migrant fisherman says his life was turned upside down after his gear was thrown off a jetty and he was beaten and held underwater by a father and son who believed he had tried to lure a child into his car with money.
In New Plymouth District Court on Friday, Judge Robert Spear labelled the attack as vicious with no justification.
He said the offenders, Joshua Russell and Malachai Rae, who were stepfather and stepson respectively, had carried out a vigilante act.
“The explanation that has been provided should never have caused you to react in this way, there are authorities that can deal with this sort of complaint. Whether the complaint was genuine or not is beyond the point.
“This type of vigilante, self-help violence can not be allowed to be seen as justified in this country.”
The judge referred to the man’s victim impact statement which said he was approached by a young teen at a New Plymouth jetty asking for spare change.
About 20 minutes later, the boy returned with Russell and Rae, who, according to the summary, believed the man, who speaks little English, had tried to lure the boy into his car with $3.
The man said in his statement that he feared he was going to die during the attack and still had flashbacks of being held underwater.
He now led a reclusive life as he did not leave his home, struggled to work and his family had moved away from him as he struggled with the psychological impact of the incident.
As a result of the January 7 attack, the man spent time in hospital with a concussion and suffered several other injuries including swelling and bruising to the face and head, his right eye was swollen shut and his front teeth were knocked out.
In sentencing Russell, 39, the judge accepted he was genuinely remorseful and noted he had wanted to meet with the victim to apologise.
Russell had reverted to an old behaviour where in times of stress he, due to his background, did not pause to reflect and instead reacted with violence, the court heard.
The judge said Russell should have been a better role model for his stepson but acknowledged he had recently been doing his level best to turn his life around.
“It would appear you have let yourself down on this occasion”, he said, to which Russell nodded.
On charges of injuring with intent to cause grievous bodily harm and threatening to kill, Judge Spear jailed Russell for two years and 10 months but said it would appear he had a future once he got out of prison.
Rae, who has no previous convictions, was sentenced to four months of community detention and 12 months of supervision on charges of injuring with intent to injure.
“You are someone who I am sure is going to learn from this,” the judge told Rae.
On the afternoon of the attack, Russell and Rae approached the man who was fishing off the Lee Breakwater in New Plymouth.
Rae punched him, knocking him over, and then kicked him in the head before Russell asked him if he had tried to lure a child into his car with $3.
However, according to the summary of facts, the man did not drive and did not have a car.
After Rae called the man a paedophile, both he and Russell threw his fishing rod, filleting knife and other fishing gear into the ocean.
The summary said the man was fearful and tried to empty his pockets to show the men he did not have any money.
But Russell kneed him in the face and then punched him several times.
As an attempt was made to drag the man along the jetty, he managed to get up, only to be punched by Russell again.
The force of the punch caused him to fall off the jetty and into the water, striking his ribs as he fell.
According to the summary, he tried to pull himself out of the water as he could not swim and was fearing for his life.
But Russell held the man underwater with one hand and punched him with the other.
“At times the defendant Russell was holding the victim, by the head or throat, under the water for periods lasting 20-30 seconds,” the summary stated.
Russell yelled “I’m going to kill you” to the man but released his grip on him when two bystanders intervened.
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.
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