The court recognised ‘neurodiversity’ had an impact on the behaviour of the man. The Free Speech Union is now looking at appealing the name suppression order.
The Free Speech Union is considering appealing a permanent name suppression order granted to a man who was accused of assaulting an elderly woman at a women’s rights rally in Auckland last year.
The man was caught on film punching a 71-year-old woman in the head during a counter-protest. He later admitted to a charge of common assault.
However, Auckland District Court Judge Kevin Glubb declined to enter a conviction against the man, saying the gravity of a conviction would be out of proportion to the seriousness of his offending. He did order the man to pay $1,000 reparation to the victim, Judith Hobson.
The court recognised “neurodiversity” had an impact on the way people interact with others, Judge Glubb said.
Man Caught Up in the ‘Frenzy’ of the Protest: Lawyer
The defendant’s lawyer, Emma Priest, submitted that the man 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 had ADHD and autism and had undertaken counselling and rehabilitation, along with 180 hours of community work at the Red Cross. His actions occurred amid a stressful situation where he felt threatened with Ms. Priest arguing it was not an example of gratuitous violence.
Police opposed the discharge without conviction but did not oppose the request for permanent name suppression. Police initially offered the man diversion, meaning he would not have to appear in court, but later withdrew the offer.
A ‘Huge Impact’ on my Wellbeing: Hobson
In a victim impact statement, Ms. Hobson said that since the assault she had been unable to go out and interact with people. She also could not sleep without taking medication and any noise caused her severe stress.
“The crime itself has had a huge impact on my general wellbeing,” she said.
She asked the judge not to grant the man name suppression, saying, “He shouldn’t be able to hide.”
The NZ Free Speech Union agrees. CEO Jonathan Ayling said it would be a part of natural justice to name them publicly.
“And it’s the right of the victim to be able to say, this is the individual who attacked me, the criminal justice failed in holding him to account. At least, she should be able to say, this is the individual who attacked me.”
Mr. Ayling confirmed the Union was “taking legal advice and considering appealing the decision.”
“Little promotes the use of violence more than impunity. Violence in response to speech, even speech of the most offensive kind, must not be tolerated,“ he said. ”Not only should the defendant be punished, the victim should be able to speak. They should have been able to freely attend and listen at Albert Park in the first place.”
Political Condemnation
The decision brought condemnation from two of the three parties in the coalition government.
ACT Party MP Laura Trask said in a statement the sentencing was a “tragedy for women.”
“A 71-year-old woman attending a women’s rights event was physically attacked by a man who thought his political opinion trumped her right to safety. Using violence to suppress opinions you disagree with is a singularly ugly act, and this discharge without conviction sets a disappointing precedent for the consequences of political violence.”
Deputy Prime Minister Winston Peters also appeared to condemn the ruling in a social media post outlining how the Cabinet Manual precluded ministers from commenting on court decisions “no matter how ridiculous and out of touch the sentencing is.”
Women’s Rights Tour Aborted
Ms. Parker aborted what was planned to be a two-event “Let Women Speak New Zealand” tour when her planned speech in Albert Park was drowned out by counter-protesters. About 150 to 200 supporters showed up, but they were outnumbered by around 2,000 counter-protesters.
Counter-protesters pushed over metal barricades and began approaching a group who were there to hear Ms. Parker speak.
Ms. 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 a concussion and bruising to her eye and behind her left ear.
Another person has been charged with assault for allegedly throwing tomato juice at Ms. Parker. That case remains before the courts.
Ms. Parker last year said she would return to New Zealand in September 2024.
She holds a New Zealand Electronic Travel Authority (NZeTA), allowing her to travel to the country without applying for a visa in advance, but her entry into the country is still subject to border officers granting her a visa and permission to enter when she arrives at the airport.
“This assessment includes whether the traveller is ineligible to enter due to character concerns,” an Immigration NZ spokesperson said.
Common assault carries a maximum possible sentence of one year’s imprisonment. Police said it’s an offence to share a name that’s suppressed and they can charge anyone for breaching a court order.