Stabbed shop owner has 'no idea' why he was charged

Virender Singh (L) pictured with a friend after being charged last year. He said he was acting in self-defence. Photo / NZPA

A south Auckland liquor store owner who admitted using a hockey stick to defend himself shortly after he was stabbed says he has no idea why he was charged by police.

Two justices of the peace at Manukau District Court today found there was insufficient evidence to go to trial on charges against Virender Singh of injuring two youths with intent to injure.

Police laid the charges following the incident at Singh's Gilbert Road discount liquor store in Otara on September 30 last year.

"We came to the conclusion that due to the conflicting and contradictory evidence that has been brought before the court, that there is not enough in this instance for a prima facie case," JP Mark Sinclair told Singh at the end of a three-day depositions hearing.

Singh, allegedly stabbed by a third youth during the incident, said he only used a hockey stick against a knife-wielding youth who was not one of the complainants, and that he only used it in self-defence.

His arrest drew outrage from many New Zealanders, especially in the Indian and Sikh communities. At least two people from those communities died following attacks in South Auckland shops in the nine months before the incident.

"I'd like to say thank you to all of those people who are supporting me, and I'd also like to say thank you to the justice system in New Zealand which let me free today," Singh said outside court after the charges were thrown out.

"I have no idea why they put the charges on me."

Singh said he would defend himself again if the offenders attacked his store once more.

"If they come back, I have to be very careful because of what I have done in the past to defend myself, but in future if they will come back I will try to defend myself: however, whatever, this I will do."

Singh's lawyer Greg King said the case had been enormously stressful for his client.

"The guy was stabbed in front of his wife and his nine-year-old daughter in an extremely difficult situation.

"His nephew had his hand cut. His neighbour in the shop next door had her face smashed open with a piece of wood. Her husband had died three months beforehand, who is my client's best friend.

"To find himself at the end of that being charged and having to come to court with all the stress that that involves, it has been a very difficult time for him."

Crown prosecutor Deborah Marshall said Singh used excessive force on two youths, Enrique Panui and Damien Manuel.

She said Singh beat Mr Panui with a hockey stick while Mr Panui was face down on the ground with Singh's nephew sitting on him.

Mr Panui, who was drunk and did not remember being struck, lost four teeth and needed stitches to his lip after the incident.

Ms Marshall said Singh also struck Mr Manuel, who had been out of the store buying a pie when Singh was stabbed in the leg, at least four times while he was trying to get into the store to aid Mr Panui.

Singh said in a video interview he never struck Mr Panui and did not know how he was injured.

He said that he was angry and wanted to teach a lesson to one of the offenders not to do it again, but that he did not intend to kill or seriously injure him.

Mr King argued in court the charges should be thrown out as Singh did not strike Mr Panui, and that the injuries caused to Mr Manuel came from blows he received from two other people.

He said the only person Singh hit was a third youth who had thrown a knife at his chest, which had not injured him.

Mr King said he didn't think there was a clearer case of self-defence than the one presented before them, and that witness evidence against Singh was often contradictory and could not be relied upon.

Police said in a statement that they charged Singh following a comprehensive investigation but they respected the decision of the court.

"Charges laid were based upon the best evidence acquired during the investigation and upon consultation with police prosecutions service," a police spokeswoman said.

A 15-year-old male was also charged following the incident.

- NZPA