A YOUNG trained Muay Thai fighter who knocked a man unconscious outside a Taupō pub in April has narrowly avoided being sent to prison.

Chase Bradley Forster, 20, appeared in Whakatāne District Court for sentencing on Wednesday.

Inconsistencies were raised with the police summary of facts, which described the action as a coward punch, and the defendant’s account of events to his lawyer, which detailed his actions as being in reaction to a perceived threat from the victim.

Defence lawyer Lisa Ebbers said Forster was standing outside a pub when a drunk man approached him at speed, saying he would give him a “hiding.”

She said Forster’s natural reaction as a trained kickboxer was to punch the man, and he had since accepted responsibility for his actions.

“He knows his reaction was unacceptable.”

Judge Bill Lawson said the summary of facts, which Forster accepted when he pleaded guilty, described the victim as being unaware the punch was heading his way.

The victim was knocked unconscious for several minutes after the punch and Forster attempted to flee the scene but was detained by security.

“The concern is that the victim is unprepared for these punches, which causes so much harm. If that is the case here, it warrants a significant start point,” he said.

“Someone who behaves like this in public could be a danger to the public.”

The judge heard Forster is currently employed full time as a panel beater and trained in kickboxing for the purpose of fitness and maintaining his mental health.

Judge Lawson said he would have expected a trained fighter to react to a threat with discipline, not by throwing a coward’s punch.

He said the defendant had two previous convictions for fighting.

Forster's age, guilty plea and employment were deciding factors in the judge commuting a 13.5-month prison sentence seven months’ home detention, to be served at a Whakatāne address.

He was convicted and discharged without penalty for an unrelated charge of providing false identifying details to police when he was pulled over in Rotorua two weeks before the Taupō incident.

Forster had requested to have some or all of his outstanding $11,000 in fines commuted to a small extension of his sentence, but this was denied by Judge Lawson.

“You can pay them like everybody else.”

Other court appearances

Prison for multiple assaults

WHAKATĀNE man Jessy Tihi has been sentenced to six months’ prison for multiple assault and threatening behaviour charges.

Tihi, 33, pleaded guilty to amended charges including three counts of assault and two of threatening behaviour this week.

He was originally charged with common assault, speaking threateningly, possession of an offensive weapon and two counts of assault in a family relationship.

Judge Lawson said Tihi entered a room in his neighbour’s house in March and punched her multiple times while she was laying on the bed.

Two days later, he threatened to beat up the same victim and banged on the side of her house.

The other charges, which related to family members, did not appear to have a clear motive, the judge said.

Defence lawyer Steve Franklin said Tihi accepted that what he did was wrong.

Tihi was sentenced to six months’ prison and four months’ release conditions.

Four months he spent in custody on remand will be credited to his sentence.

A metal pipe was ordered to be destroyed.

Jury trial elected

KAWERAU man Whitiaua Toki Tarei has elected trial by jury on charges of rape, aggravated robbery and assault with a blunt instrument.

The 37-year-old pleaded not guilty to the charges this week. He maintained a not guilty plea to a separate charge of burglary.

A bail application to an address in Auckland was denied.

Tarei was remanded in custody to October 23 for a case review hearing on the burglary charge, and another date in December on the others.

All charges denied

WHAKATĀNE man Cruz Nikora Huata has pleaded not guilty to causing harm by posting digital communication and escaping police custody.

The denied charges join a third of breaching bail.

Huata was remanded in custody for a case review hearing in November.

Discussions ongoing

A NEW case review hearing date has been scheduled in December for discussions to continue between Crown prosecutors and Corey Adam McCarthy’s lawyer.

McCarthy is facing a range of drug possession and dealing charges, firearms charges and receiving stolen property.

He was remanded in custody.

Bail declined

TE Teko man Mack Edward Te Ua has had a bail application declined.

Te Ua faces a raft of charges including assaults, trespass, threatening behaviour, wilful damage, burglary and escaping police custody.

The 33-year-old has not entered pleas to any of the charges, and his lawyer said he was not in a position to do so on Wednesday when he was prompted by the judge.

Additional case review

ANOTHER case review hearing has been scheduled for Charles Tihi, who is facing several Crown prosecution charges.

Tihi has denied perverting the course of justice, assault on a person in a family relationship, and two counts each of threatening to kill and threatening act towards a dwelling.

An application for electronically monitored bail was not pursued at his appearance this week.

Tihi was remanded in custody for case review in November.

Opportunity to finish community work

SELF-REPRESENTED man Joseph Tamika Paki has been granted an opportunity to complete 72 hours of outstanding community work.

Paki told the judge he was employed after some time without a job, and he was working six and a half days a week, prioritising family during his time off.

He said he had not had time to do the community work, but his employer was newly aware of his situation, and he intended to request some time each week to chip away at his community work obligations.

Judge Lawson said Corrections wanted Paki to do a short stint in jail, but he was not inclined to impose that sentence.

Another option the judge raised was converting the hours to community detention, which would require Paki to be at home overnight.

Paki was ordered to return to court in December for sentencing, at which point a judge will consider the progress he has made on completing community work.

Farmer disqualified from owning cattle

FARMER Ralph John Kilgour has 30 days to remove a herd of 60 cows from his property after he was sentenced for the reckless ill treatment of a cow suffering cancer eye.

A complaint was made by a member of the public on November 1, and investigations by the Ministry for Primary Industries located a cow with a severe case of cancer eye.

The animal was agitated and showing signs of distress.

Kilgour refused to tell MPI how long the cow had been in that condition but accepted it must have been at least four weeks.

He was ordered to euthanise it.

Judge Lawson said the cow was located close to the farmhouse, so there was no reason for Kilgour not to have noticed it.

Two years ago, the defendant was fined when two of his cattle were located with severe cases of the same condition.

He was fined $3750 and was disqualified from owning or controlling bovine animals.

“Lenient approach” granted

WHAKATĀNE fisherman Barry Leonard James Rapana has been fined $1500 for driving with excess breath alcohol and driving while disqualified – a sentence the judge described as a “lenient approach”.

On June 26, Rapana was found walking away from the vehicle he had crashed into a gate after losing control. He was found to have a breath alcohol level of 673 micrograms per litre of breath.

The legal limit is 250mcg.

Rapana, 33, has previously been sentenced to home detention for driving with excess breath alcohol, but lawyer Steve Franklin sought a sentence that would allow him to keep his job.

The defendant works on offshore fishing boats for eight to 14 days at a time, and an electronically monitored sentence would mean he would lose his job, the judge heard.

Mr Franklin said Rapana had made significant life changes for the better and previously would not have cared about the consequences of his actions.

Judge Lawson fined Rapana $1500 and ordered him to pay $500 in reparations. He was indefinitely disqualified from driving.

“I am taking a lenient approach to allow you to continue as a contributing member of society,” the judge said.

Cannabis possession admitted

WHAKATĀNE woman Teiria Rapana has pleaded guilty to possessing cannabis for the purpose of supply.

She has also admitted failing to carry out her obligations in terms of a search warrant.

The 23-year-old was remanded for sentencing alongside her co-offender in November.

Reparations ordered

Robert Heke has been ordered to pay $1000 in reparations for a window he smashed while he was drinking.

Heke pleaded guilty this week to charges of intentional damage and possession of a knife.

Judge Lawson said he had been drinking when he encountered some issues, grabbed a knife and smashed a window on a door.

Heke was ordered to come up if called upon within six months and the knife must be destroyed.

Grooming admitted

AUCKLAND man Rakeshwar Prasad pleaded guilty to a charge of grooming for sexual conduct with a young person.

The judge heard Prasad, 60, encountered the boy on a Whakatāne street, standing near a work vehicle.

He said he assumed the victim belonged to that vehicle and did not expect him to be younger than 16.

He was remanded on bail for sentencing at Whakatāne District Court in November.

Trial date set

WILLIAM John Owen-Jacobs is due to stand trial before a judge alone in the new year.

He will be tried on charges of assault on a person in a family relationship, receiving stolen property, unlawful possession of ammunition, unlawfully taking a motor vehicle and breaching district court bail.

The trial is scheduled to take four hours on March 14.

Owen-Jacobs has pleaded guilty to speaking threateningly, presenting a firearm-like object, threatening behaviour, breaching community work and three counts of breaching intensive supervision.

An additional charge of breaching intensive supervision was withdrawn by police.

Assault admitted

DENNIS Marcus Moke has pleaded guilty to a charge of assault.

Restorative justice was directed and the defendant is due back in court next month.

Breaches admitted

WHAKATĀNE man Samuel Alan Richard Whittaker-Delahunty pleaded guilty to three charges in court this week.

The 32-year-old is due for sentencing next month on two counts of breaching a protection order and one of behaving threateningly.

A charge of wilful trespass was withdrawn by police.