The Act Party believes a man being discharged without conviction and given permanent name suppression after punching a 71-year-old woman in the head during the heated Posie Parker counter-protest in Auckland last year is a “tragedy for women”.
Deputy Prime Minister and New Zealand First leader Winston Peters also appears to have condemned the ruling with a vague social media post outlining how the Cabinet Manual precluded ministers from commenting on court decisions “no matter how ridiculous and out of touch the sentencing is”.
In the frenzy of the protest, which featured 150-200 supporters and roughly 2000 counter-protesters, the man assumed Hobson had assaulted a fellow counter-protester and proceeded to punch Hobson three times in the head.
She suffered a concussion and bruising to her eye and behind her left ear.
Appearing in Auckland District Court yesterday, the man’s lawyer Emma Priest argued the then-20-year-old was caught up in what she described as the “frenzy” of the counter-protest in March last year and had now taken full responsibility.
He suffered from ADHD and autism and had undertaken counselling and rehabilitation along with 180 hours of community work at the Red Cross, Priest told Judge Kevin Glubb. The man admitted a charge of common assault at the earliest possible opportunity, she said.
Police opposed the discharge without conviction but did not oppose the request for permanent name suppression.
Judge Glubb said the gravity of a conviction on the young man would be out of proportion to the seriousness of his offending. He was ordered to pay $1000 reparation to the victim, Judith Hobson, who made her views of the verdict clear as she left court today.
“You’re a lying little b******,” she said to him.
Act MP Laura Trask said in a statement last night the sentencing was a “tragedy for women”.
“A 71-year-old woman attending a women’s rights event was physically attacked by a man who thought his political opinion trumped her right to safety.
“Using violence to suppress opinions you disagree with is a singularly ugly act, and this discharge without conviction sets a disappointing precedent for the consequences of political violence.”
In a tweet, Peters yesterday appeared to indicate his disapproval of the court’s decision by referencing a “court sentencing of a man for a blatant assault” and that it was “ridiculous and out of touch”.
However, he did state how Cabinet ministers were restricted in what they could say about judicial decisions.
The Cabinet Manual includes a rule that ministers “should not express any views that are likely to be publicised if they could be regarded as reflecting adversely on the impartiality, personal views, or ability of any judge”.
Ministers were supposed to inform the Attorney General - currently Judith Collins - if they had concerns about a decision.
In Hobson’s victim impact statement, she told the court that since the assault, she had been unable to go out and interact with people.
She could not sleep without taking medication and any noise caused her severe stress, she said.
“The crime itself has had a huge impact on my general wellbeing,” she said.
She asked the Judge that the man not be granted name suppression.
“He shouldn’t be able to hide.”
The defendant was charged in April, nearly a month after the short-lived visit to New Zealand by controversial British speaker Kellie-Jay Keen-Minshull — a self-described women’s rights activist better known as Posie Parker.
Parker aborted her two-event Let Women Speak New Zealand tour when her planned speech in Albert Park was drowned out by counter-protesters.
Adam Pearse is a political reporter in the NZ Herald Press Gallery team, based at Parliament. He has worked for NZME since 2018, covering sport and health for the Northern Advocate in Whangārei before moving to the NZ Herald in Auckland, covering Covid-19 and crime.