Navy police officer charged with assault fell and hit head before alleged throat incident

A senior naval officer is facing one charge of assault against a subordinate. Photo / Qiuyi Tan

A naval police officer allegedly placed a hand on the throat of a subordinate after a night of drinking, but has no recollection of what happened because of a head injury.

The senior non-commissioned officer of the Royal New Zealand Navy, who has interim name suppression until the verdict is delivered, faces one charge of assaulting a junior colleague on board a naval ship.

The officer pleaded not guilty before Judge Kevin Riordan and a military panel at a Court Martial hearing held at the Devonport Naval Base on Monday.

The Court Martial heard the officer was drinking with peers onboard the ship during a respite weekend for the crew in February last year.

The accused, whose gender cannot be identified, said they were dancing when they fell and hit their head on a wooden coffee table, and to avoid embarrassment, pretended the fall was a dance move.

"People were pointing at me and laughing," the officer said in a recorded interview that was played in court.

"I lay on the ground for some time," they said. "I carried on dancing... but that kind of hurt."

"Everyone at the bar was under the influence of alcohol, we were in good spirits," they said.

Later, the defendant allegedly stumbled into a mess room for junior officers, where they chatted briefly with junior colleague Able Steward AFT Leautuli-Talitonu before standing up and falling over a second time, hitting the back of their head on a firm vinyl sofa.

Giving testimony in court, Leautuli-Talitonu likened the blow to the defendant's head to a "sharp jab" from a "16-ounce boxing glove".

He was escorting the defendant to the bathroom with another officer Able Logistics Supply Specialist PJK Maka when, in the hallway, the defendant allegedly asked Maka why he was "eyeing them up", and placed their hand on Maka's throat for several seconds.

He froze. It happened quickly and the defendant did not use much force, he said, and his breathing was not impeded in any way.

He described the defendant as stumbling with eyes that were not focused, and that the accused reeked of alcohol.

Two other officers later found the defendant in a cabin lying in a pool of their own vomit.

The defendant said their last memory of the evening was dancing in the senior rates mess where they hit their head the first time.

The officer later woke about 4am, cleaned up and called their partner before having some food and going back to sleep.

The next morning, the defendant woke up feeling very sore especially in the head, and apologised to Maka after hearing what happened.

"I was in shock, disgusted, mortified really. Why are people saying I did something? I don't remember it," the defendant said, breaking down during the recorded interview. "In my head that's a serious offence, any type of assault is serious."

The hearing continues tomorrow.