Hawke's Bay millionaire businessman Sam Kelt is "almost unable to function" after suffering brain damage in a late night altercation at Mount Maunganui last month, Tauranga District Court was told today.
Te Puke computer technician Raponi Terangikatukua Wilson, 20, who had earlier admitted punching Mr Kelt once, appeared before Judge Ian Thomas for sentencing on a charge of common assault.
Mr Kelt, a 43-year-old merchant banker - and sponsor of New Zealand's richest horse race, the $1 million Kelt Capital Stakes - was knocked to the ground, causing him to smash the back of his head against the tarsealed roadway.
The judge said Wilson could not have meant to cause the severe consequences which hospitalised the victim for eight days.
Nevertheless, the offence was grave. It was "quite a serious punch" from a big, strong young man.
He sentenced Wilson to 200 hours' community work and ordered him to pay $1000 reparation at $45 a week.
Mr Kelt had suffered significant loss but any amount of compensation had to be limited to what Wilson could afford, Judge Thomas said.
In an unusual move, Tauranga QC Paul Mabey represented Mr Kelt under the Victims' Rights Act.
He said two doctors were of the opinion that the serious injuries - which left the wealthy benefactor with a fractured skull and right eye socket, plus bleeding to the brain - were consistent with more than one blow.
To a question from the judge, Mr Mabey said there was no suggestion of "eggshell skull scenario" - susceptibility to such injury.
Police prosecutor Sergeant Barry Woon confirmed that Wilson was not charged for several days because there was no initial complaint. However, Mr Kelt's family wanted an investigation after his condition deteriorated.
Judge Thomas said police obviously accepted that there was only one punch and that the severe consequences were unintended, otherwise more serious charges would have been laid.
The blow, to the area of the right eye , must have been very serious because of the damage. It was clear, said the judge, that Mr Kelt had suffered badly. He had a busy company to run and would have a great deal of difficulty running it because of the brain injury.
Acknowledging the large number of whanau who attended court to support Wilson, Judge Thomas said the young man was an achiever with no history of violence.
Wilson's lawyer Nicholas Dutch said his client was not a man with anger or violence problems and would walk away in future rather than let things escalate.
He had been driving along Mt Maunganui's Marine Parade about 12.35am on Saturday, July 15, "minding his own business," when Mr Kelt jumped out in front of his vehicle, forcing him to stop for no reason, and banging on the bonnet.
An argument developed and when the complainant said he could box, Wilson thought it was a challenge to fight. The consequences were tragic and it was "bad luck" Mr Kelt fell to the ground and hit his head after the punch was thrown, said Mr Dutch.
That was wholly unintended and Wilson was extremely remorseful.
Questioned outside the court, Mr Mabey said the prognosis for Mr Kelt's recovery was that it was likely to take at least two years.
Medical and transport expenses and loss of income had cost his client thousands and thousands of dollars.
"He has significant brain injury. He cannot leave his house," said Mr Mabey.
Mr Kelt was on high doses of pain killers, chronically tired, had poor memory and concentration, could not tolerate noise, was unable to participate in his children's sports and was exhausted by headaches.
"He can't cope outside the house. This is a high-powered businessman who cannot work," Mr Mabey said.
- NZPA
Millionaire 'almost unable to function' after assault
Mr Kelt's lawyer said his client could not leave his house. Picture / Hawke's Bay Today
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