Road rage assault charge to be decided

Jasmatbhai Pancha Patel. Photo / Supplied.

The Auckland engineering student charged with assault in relation to a road rage incident that led to an elderly man's death will face a pre-depositions hearing in four weeks.

Tuvaluan national Bio O'Brien, 27, appeared in the Auckland District Court yesterday charged with assault and was remanded in custody, by consent, until May 25.

He was appearing in relation to a road rage incident on Auckland's Carrington Rd last month, which police say occurred after a minor collision between a van and a BMW.

It is alleged that dozens of school children looked on as O'Brien assaulted 78-year-old Jasmatbhai Pancha Patel, first in his van and then out on the road.

Defence lawyer David Niven did not make a bail application in court yesterday, saying he would take the next four weeks to determine whether that was appropriate.

"I understand we will know by then [the pre-depositions hearing] what charge he is facing," he said.

A clean shaven O'Brien with neatly clipped hair stood quietly in the dock, arms crossed over his crisp white shirt. It was a contrast to his messy-haired, unshaven appearance at his previous court appearance.

Judge Anne Sinclair agreed with the suggested pre-depositions date, further remanding O'Brien in custody until May 25.

Police prosecutor Detective Sergeant Pete Steward told the Herald the final charge would be determined based on the post-mortem and the police investigation.

He would not comment on the post-mortem findings but said: "Four weeks will enable us to make sure we do get [the charge] right".