Man guilty of fighting in brawl has serious convictions quashed

File photo / NZ Herald

A young man found guilty of taking part in a brawl at an Auckland party has had his most serious convictions quashed after serving a six month sentence of imprisonment.

The Court of Appeal today released its decision overturning Tyson Gregory Redman's convictions for injuring with intent to cause grievous bodily harm and wounding with intent to cause grievous bodily harm.

A conviction for unlawful assembly remains.

It comes after a private investigator got affidavits from eight new witnesses who said that Redman had not been present during the brawl.

In its decision, the Court of Appeal said that in September 2005, Redman, then 17, and some friends attended a 21st birthday party in the Auckland suburb Mt Roskill.

A scuffle broke out between one of Redman's friend's and an adult man at the party.

The friend then went home where he cut himself after colliding with a window, but his friends were told that he had been "sliced" or "bottled" by the other man at the party.

This prompted a group armed with weapons including baseball bats and bits of wood to go back to the party.

After some yelling and swearing, a woman at the address told them to leave and they did.

However the group returned later and attacked a number of party goers, injuring six of them.

Redman and several others stood trial over the incident and he was found guilty by a jury in August 2007.

A previous appeal was dismissed in 2008 and, according to the Court of Appeal's decision, he served his full sentence.

In the latest appeal Redman's counsel introduced evidence obtained from eight new witnesses who said he had not been with the group that went to the party a second time.

Redman said he had gone home before the brawl, which was backed up by an alibi from his mother.

The Court of Appeal said it was not satisfied that "when the matter is considered in the round that we can conclude that the evidence might not reasonably have altered the verdict".

There was no order for retrial and the proceedings were permanently stayed.