Posie Parker assault case: Tomato juice protester Eliana Golberstein pleads guilty

An activist who doused controversial British anti-transgender rights campaigner Posie Parker with tomato juice during a raucous speaking event and counter-protest in Auckland has admitted two common assault charges.

Eli Rubashkyn, 35, whose legal name is Eliana Golberstein, faced two charges of assault after the incident on March 25 last year at the Albert Park band rotunda.

She pleaded guilty to the charges via her lawyer James Olsen during a brief appearance via audio-visual link before Judge Claire Ryan at the Auckland District Court on Friday.

Olsen asked Judge Ryan not to enter convictions on the two common assault charges and indicated he would be seeking a discharge without conviction.

The charges carry a maximum penalty of six months in prison or a $4000 fine.

Judge Ryan set a sentencing date of September 2 and remanded Golberstein at large ahead of sentencing.

Eliana Golberstein aka Eli Rubashkyn at the Posie Parker counter-protest at Auckland's Albert Park in March 2023.

The trans and intersex activist initially pleaded not guilty and was headed to trial before Friday’s surprise guilty plea.

Parker, legal name Kellie-Jay Keen-Minshull, is named on court documents as the complainant for one of the charges.

The other complainant is Tania Suzanne Sturt, who helped organise the March event and who was standing next to Parker at the time in question. She was also doused in juice.

Judge Ryan granted the media access to the summary of facts to which Golberstein admitted, canvassing the background to the controversial event.

It was organised by Sturt as part of the “Let Women Speak” series of events, with Parker as the headline speaker.

“There was significant opposition to the rally occurring, especially from the transgender and rainbow communities,” the court document states.

“Before the rally, this involved an unsuccessful judicial review of Ms Keen’s visa which permitted her to enter New Zealand (and, in consequence, attend the rally).

“The opposition to the rally was because of a concern that Ms Keen held antitransgender views and her intention was to hold rallies espousing those views.”

Posie Parker is rushed from Albert Park. Photo / Dean Purcell

Golberstein, who is transgender, arrived at Albert Park about 11am.

Parker arrived later amid a significant counter-protest comprising many people from the rainbow and transgender communities in Auckland and their supporters.

Parker entered a band rotunda to address the crowd and was greeted with an embrace by Sturt.

Golberstein was also in the rotunda, carrying a one-litre bottle of Keri Premium tomato juice, the summary of facts says.

“Ms Golberstein approached Ms Keen and Ms Sturt and poured the tomato juice over them both, covering their hair and clothing.

“Ms Golberstein’s intentions were to prevent Ms Keen from speaking by covering Ms Keen with the tomato juice.”

Parker’s security escort grabbed Golberstein, pulled her away and forcibly removed her from the rotunda. She was then pelted with a water bottle.

“Ms Keen ultimately abandoned her public address and was assisted from Albert Park by police.”

Neither Keen aka Parker nor Sturt were injured, according to the summary.

Golberstein declined to make a statement to police but admitted pouring the juice on Parker in an interview immediately after the incident.

She said she wanted Parker to know “her words are blood because they are killing our people”.

Golberstein said: “This is my safe space, my safe haven and I’m not gonna let that be taken away from me because this is my home.

“I feel safe here, I don’t want hate, I don’t want nothing, I don’t want that here, I want to be happy.”

She has not previously appeared before the courts and the complainants did not seek reparation, according to the summary.

In October last year, Judge Ryan rejected Olsen’s application for the charges to be dismissed.

Olsen argued there was no case to answer and insufficient evidence to establish intentional criminal offending to the level required to prove the assault charges. If convicted, Golberstein could face up to six months’ imprisonment and a $4000 fine.

Part of his argument was that there was a precedent not to lay charges in cases of political protest, such as when a woman threw a dildo at Steven Joyce seven years ago.

Police opposed the application.

Judge Ryan praised the quality of Olsen’s submissions as “advocacy of its highest standard” but found the police case against Golberstein was sufficient to go to trial.

Eli Rubashkyn's tomato juice attack on anti-transgender rights campaigner Kellie-Jay Keen-Munshill aka Posie Parker. Photo / Twitter, @ElianaRubashkyn

“I am satisfied there is a case to answer,” Judge Ryan said.

The judge said it was not her place to take a political stance.

“My task is not to consider whether Ms Keen is a bad person or stands for bad things or whether what the defendant did, if they committed the offence, is morally wrong.”

The judge noted Golberstein has repeatedly acknowledged pouring the juice in media interviews both at and after the protest.

Judge Ryan said while the woman who threw a dildo at Steven Joyce in 2016 was not charged, the man who threw brown muck at Gerry Brownlee around the same time was charged and convicted.

“I do not accept that protest and counter-protest should be expected to end in violence,” the judge said.

“People in this diverse and tolerant society when they go to protests should expect that they can protest peacefully.”