An Auckland police officer's future remains uncertain after he was last night found guilty for a second time of an assault in Rotorua three years ago.
Ivan James Sarich, 36, had been on trial for a second time after pleading not guilty to assaulting Glen Baker, the then part-owner and manager of Rotorua's Fuze City Bar on May 21, 2003.
The Crown said Sarich had grabbed Mr Baker around the neck, pushing him and punching him in the face after a dispute between Mr Baker and Sarich's fiancee Tracey Wong, who is now Tracey Sarich, outside the bar. The fight started after open bottles of beer were taken out of the bar. Sarich had claimed that he acted in defence of his partner and himself. The jury went out just after 1pm yesterday, returning with its guilty verdict at 8pm.
Sarich, who is a serving police officer, clasped his hands and gave very little reaction when the jury foreman read out the verdict, as his wife, also a serving police officer, watched from the public gallery.
Sarich did not want to talk to the Daily Post outside the court, referring any comments to his lawyer David Jones, QC.
Mr Jones would only say that Sarich's future in the police would be a decision made by the Police Commissioner Howard Broad.
Officer in charge of the case, Detective Senior Sergeant Mark Loper of the Rotorua police was happy with the verdict.
"It has been a long time and we did have to bring witnesses from overseas but justice isn't always easy."
Mr Loper said Mr Baker was pleased at the verdict because he had told the truth throughout about what happened to him.
"They tried to make him look a liar. He is feeling quite vindicated."
Mr Baker had not only left the country but also the hospitality industry because of that night.
Mr Baker was unavailable for comment.
Mr Loper said Sarich will now face internal disciplinary action. It is possible he will lose his job.
After the verdict Judge Neil McLean told the jury Sarich had already been found guilty at a previous judge-alone trial. However, the conviction was appealed and it was found the presiding judge at the first trial had not properly articulated issues surrounding self defence and what was in Sarich's mind at the time of the incident. A retrial was ordered and Sarich elected trial by jury. An application was also made to hold the trial out of Rotorua.
Yesterday Judge McLean ordered Sarich to pay a $1000 fine and $500 reparation to Mr Baker.
Part-owner of Fuze City Bar, Heinz Fett, told the Daily Post last night he was delighted with the verdict but it had been a long time coming. "It's great that justice has been done ... We hope this will be the end of it."
Mr Fett and his partner Nicola Kiernander plan to sell the business as a result of the incident.
"It's just too difficult and stressful," said Mr Fett.
He said Sarich should lose his job.
"That is what gives the police a bad name."
Officer guilty of Fuze assault
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