Court to consider ‘backside kick’ that went wrong

The court will consider next week what happened in detail when a backside kick administered at an end-of-year function accidentally struck a man’s testicles and caused real damage.

The kicker, Michael John Graham, 33, an exterior plasterer, is seeking a discharge without conviction after admitting the Crimes Act assault.

He will say that he should escape a conviction – though he is willing to make a payment to the victim – because he never intended the consequences.

The discharge application was scheduled for hearing today but had to be put off because Christchurch District Court Judge Alistair Garland wanted more information before the court.

He told defence counsel Andrew McKenzie that he wanted more detail “to get the true flavour” of what happened.

The defence says that the victim of the kick was had been misbehaving at the function and Graham “chipped” him because he was tired of his antics.

“But the police lead me to the view that it was a pretty hefty kick and it has caused really severe consequences for the victim,” said the judge.

The kick accidentally struck the victim’s testicles, causing multiple haematomas which needed surgery, two days in hospital, and two months off work. He suffered on-going pain.

The hearing was put off to next Tuesday afternoon for the defence to provide statements about what happened, including information from independent witnesses.

Judge Garland said he wanted to know what the victim had been doing, the nature of Graham’s response, and why nobody had gone to the victim’s aid.

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