A man was bundled handcuffed and screaming out of court today when a judge rejected his wife's claim that she had made up her accusation that he burnt her with a jet of flaming hairspray.
Damien Robert Barry Keen, 28, flew into a rage at Christchurch District Court Judge Stephen Erber when he realised the decision was going against him.
He shouted that he was being convicted "for nothing" and screamed obscene abuse at the judge.
It would have seemed like deja vu for the judge, who jailed Keen for a week for contempt of court in 2006 for calling him a "f-ing faggot" during an appearance on a charge of wounding with intent to cause grievous bodily harm.
Keen's record also includes two years' jail for stealing 660 books worth almost $35,000 from Christchurch City Libraries in 2004.
He was convicted today on a charge of injuring his wife, 21-year-old Wikitoria Keen, with reckless disregard for her safety and Judge Erber remanded him in custody for sentence on March 7.
"I don't think a home detention report will be required," said the judge.
Judge Erber had Keen removed from court for his outburst but had him back in court two hours later for sentencing for contempt. Keen was brought in with his wrists manacled to a belt and apologised to the judge who told him he was allowed to express his views but was not allowed "to descend to personal abuse which offends the dignity of the court".
He jailed Keen for two months for contempt.
Mrs Keen, the complainant, was declared a hostile witness during the bizarre two-hour trial before a judge alone.
That allowed police prosecutor Sergeant Mark Berryman to cross-examine her about a statement she made on the night of the assault. She told police three days later that she had made it up but they did not believe her and went ahead with the prosecution.
She said she and Keen argued and she smashed household items after a heavy drinking session at their Linwood home on November 9 and when he threatened to leave she threatened to "get him charged".
She told police he had sprayed hairspray onto her back and believed he lit it with a cigarette lighter. Ambulance staff found she had a second degree burn.
But she said in evidence that after he left she sat with her back to heater for as long as she could stand to inflict the burn on herself. She then ran to a nearby property and complained that Keen had burnt her.
Police witnesses saw the injury but said Mrs Keen would not allow the burn to be photographed and would not let them have the torn top she was wearing. No tests were done on whether it was possible to ignite the hairspray in a can that was found at the flat. An officer said he had seen it done "in my youth".
Mrs Keen said she had lost a lot and she was not going to lose Keen. She wanted to have him locked up because then he could not go back to his ex-partner.
Judge Erber rejected Mrs Keen's assertion that she was telling the truth today.
"It was perfectly plain that Mrs Keen wasn't embarking on a truthful account of what happened. I noted the eye contact between herself and the defendant."
He said it was clear the heater was broken and probably did not work and her original statement to the police as being truthful.
He noted evidence from a resident who took her in that night that she said Keen had hurt and burned her.
- NZPA
Wife claims flaming hairspray attack made up
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