A young man who was filmed punching a 71-year-old woman in the head during the heated Posie Parker counter-protest in Auckland last year has been granted a discharge without conviction and permanent name suppression.
His lawyer Emma Priest said the man, aged 20 at the time of the assault, was caught up in what she described as the “frenzy” of the counter-protest in March last year and had now taken full responsibility.
He suffered from ADHD and autism and had undertaken counselling and rehabilitation along with 180 hours of community work at the Red Cross, Priest told Judge Kevin Glubb in the Auckland District Court on Monday.
He admitted a charge of common assault at the earliest possible opportunity, she said.
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Police opposed the discharge without conviction but did not oppose the request for permanent name suppression.
Judge Glubb said the gravity of a conviction on the young man would be out of proportion to the seriousness of his offending.
The Judge granted the discharge without conviction and permanent name suppression but ordered him to pay $1000 reparation to the victim, Judith Hobson, who made her views of the verdict clear as she left court today.
“You’re a lying little b******,” she said to him.
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Judith Hobson earlier said she felt let down by the police and justice system. Photo / Supplied
In a victim impact statement, she told the court that since the assault, she had been unable to go out and interact with people.
She could not sleep without taking medication and any noise caused her severe stress, she said.
“The crime itself has had a huge impact on my general wellbeing,” she said.
She asked the Judge that the man not be granted name suppression.
“He shouldn’t be able to hide.”
The defendant was charged in April, nearly a month after the short-lived visit to New Zealand by controversial British speaker Kellie-Jay Keen-Minshull — a self-described women’s rights activist, better known as Posie Parker, who has been labelled by critics an anti-transgender rights activist.
Parker aborted her two-event Let Women Speak New Zealand tour when her planned speech in Albert Park was drowned out by counter-protesters.
About 150-200 supporters showed up but that group was dwarfed by roughly 2000 counter-protesters.
Judge Glubb said Hobson and the young man were both at the protest on March 25 when people began removing barriers separating a small group of protesters there to hear Parker, from a much larger group of pro-trans rights counter-protesters.
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The counter-protesters pushed over the metal barricades and began approaching a group there to hear Parker speak.
Hobson put out her hands to stop them and made contact with the opposing group.
The young man saw this and punched the 71-year-old three times in the head, believing she had assaulted a fellow counter-protester.
She suffered concussion and bruising to her eye and behind her left ear.
Priest said her client’s autism and ADHD had been causatively linked to the offending by a leading specialist.
His actions occurred amid a stressful situation where he felt threatened and were not an example of gratuitous violence, she said.
His ADHD diagnosis came after he was charged but his autism diagnosis was longstanding, the Judge observed.
A police prosecutor opposed the discharge without conviction.
“The prosecution highlight the disparity of youth and strength between the defendant and the victim and how unfair and unbalanced that is,” he said.
Police did not oppose the application for permanent suppression.
Posie Parker is rushed from Albert Park on March 25, 2023 amid a raucous counter-demonstration. Photo / Dean Purcell
Judge Glubb recognised the man’s rehabilitative efforts, including counselling and undertaking a Man Alive course, along with his 180 hours of voluntary community work.
The court also recognised neurodiversity had an impact on the way people interact with others, Judge Glubb said.
“I’m satisfied by a reasonably clear margin a conviction would be out of all proportion to the gravity of the offence,” Judge Glubb said.
“Today I have given you the opportunity to prove to community that you can be a good man going forward.”
Another person has been charged with assault for allegedly throwing tomato juice at Parker at the demonstration last year. That case remains before the courts.
The charge against the then-20-year-old LGBTQ rights activist came after footage circulated widely on Twitter showing a heated meeting of the two groups that day. In the video, he can be seen striking the woman in the face.
Common assault carries a maximum possible sentence of one year’s imprisonment.