'I can't live without him': Man avoids conviction after partner's pleas

A Frankton man had been charged with threatening to kill his partner and assaulting her on March 8 at Queenstown, but the first charge was thrown out and the second downgraded. Photo / File

A woman who came straight from her citizenship ceremony in Queenstown to testify against her partner in court was thrilled when told he would not be convicted for what she said was a miscommunication.

The 25-year-old Frankton man had been charged with threatening to kill his partner and assaulting her on March 8 at Queenstown.

He had denied both charges.

A judge-alone trial was expedited and was to have been held on Tuesday. However, at the outset the complainant addressed Judge Mark Callaghan and said her partner was "not a criminal'' and he should not have been charged.

She told the court she went to the Queenstown police station that day to seek advice about relationship counselling following a "communication problem''.

"I went there to take someone's advice because ... we were just having an argument.''

Her partner would not hurt her in the manner alleged and if he did she would "never accept him again in my life''.

"He has never crossed his lines,'' she said.

"We both really love each other.''

Bail conditions meant the couple had been living separately for the past month and she had suffered from depression as a result.

"I can't live without him,'' she said.

Judge Callaghan subsequently stopped the trial to have a discussion in chambers.

Soon after the police withdrew the charge of threatening to kill and downgraded the remaining charge to one of common assault.

The defendant admitted that and agreed to undertake relationship counselling.

If he provided proof of that to the judge on July 22 he would be discharged without conviction.

The woman was ecstatic when Judge Callaghan informed her of the outcome and when he asked where the couple would be living, she jumped to her feet, beaming and exclaimed: "together'', prompting Judge Callaghan to quip: "I don't get many smiles in this court''.

The man's only bail condition until his discharge application is not to be violent towards the woman.