Hammer man adds insult to injury

Toma Lauaki (left) and Barry Fletcher. Pictures / Paul Estcourt, Kenny Rodger

A truck driver beaten senseless with a claw hammer in a vicious road-rage attack faced his assailant in court yesterday and came out feeling "gutted".

Barry Fletcher still limps from the attack in August in which Toma Lauaki, 35, climbed into the cab of his truck in Mangere and rained blows with the hammer, before dragging Mr Fletcher from the cab. It was all caught on security camera.

Mr Fletcher was at the Manukau District Court yesterday with his wife, Kara, expecting Lauaki to be sentenced for causing his broken ankle, broken left wrist and gashes to the bone on his right leg, which saw him admitted to hospital.

Instead he had his driving skills called into question.

Judge Sharon McAuslan remanded Lauaki in custody and adjourned his sentencing until January 27 for a disputed-facts hearing and sentencing.

Lauaki's lawyer, Frank Hogan, had earlier called Mr Fletcher's previous employer, Mark Birtwistle, from the PBT Group.

Mr Hogan told the court he was calling Mr Birtwistle to show Mr Fletcher did not have a good reputation as a truck driver and previously had complaints laid about him by other drivers on the road. "I make no further apologies for saying the driver of the truck is a person known for having a poor record."

Mr Hogan said Lauaki was provoked into attacking Mr Fletcher because of his driving and Mr Fletcher's former boss would say he had run-ins with other drivers before.

Lauaki had earlier admitted assaulting Mr Fletcher with intent to cause grievous bodily harm.

Judge McAuslan said sentencing could only continue on the basis that Lauaki honestly believed Mr Fletcher had wronged him.

She said she did not believe Lauaki's version that Mr Fletcher had cut him off so bluntly that he was forced to mount the kerb.

"His version is completely different to that of the victim," she said, adding that no accident was seen and no damage was done to Lauaki's car.

She said calling Mr Fletcher's previous employer was an attempt to demean his reputation without giving him any warning or right to defend himself.

Crown prosecutor Bruce Northwood asked for an adjournment for a disputed-facts hearing to be held before sentencing.

Outside court, Mr Fletcher said he was angry and disappointed that Lauaki was attacking his character to reduce his sentence.

"I also maintain a degree of leniency towards him, but to stand there today and have that happen just leaves me absolutely gutted."

Mr Fletcher said he knew of one complaint against him while he was working at PBT but refused to detail it. He said he felt ambushed.

"I have had one incident a long time ago, and I was always straight from the beginning that I was never perfect. If you spend that much time on the road, at some point you're ultimately going to have an interaction."

Mr Fletcher said he did not deserve to be slated in court. "For me, the chance of getting back into the industry is almost zero."

Mr Fletcher has not driven a truck since the attack and TVNZ has reported that it will be at least another six months before the Accident Compensation Corporation will allow him back behind the wheel.

Outside court, Mr Birtwistle confirmed there had been complaints about Mr Fletcher's driving but refused to say anything else before the January hearing.

- additional reporting: NZPA