Man to appeal 'dance' assault conviction

File photo / Greg Bowker

A South Taranaki kebab shop owner convicted of assaulting his wife after a judge dismissed as a "lie" his claim that he was performing a traditional Turkish dance is to appeal.

Allaetin Can, 41, was found guilty in Hawera District Court on Wednesday of assaulting his wife Elmas and ordered to pay a $1500 donation to Women's Refuge.

He was charged after a passerby witnessed what she believed to be a violent confrontation between the pair outside Can's takeaway shop in Hawera in August.

Both Can and his wife claimed what the witness saw was part of a traditional Turkish dance known as kolbasti.

Can's lawyer Grant Vosseler said yesterday he spoke to several lawyers in New Plymouth who suggested the case should be appealed and after meeting with Can, he said his client wished to go ahead.

"If there's a reasonable possibility that something else happened, he has to be given the benefit," he told the Taranaki Daily News.

"The appeal would be on the basis that evidence established that there was another possibility, inconsistent with guilt."

Finding him guilty, Judge Allan Roberts told Can his claims were "nonsense" and a "lie".

- NZPA