Workplace bully dealt to, court hears
A 32-year-old Kaiapoi man who dealt to a workmate described in court as a racist bully and put him in hospital has been given a term of community detention and community work.
The complainant at the Christchurch woodturning business was not present in court to hear Judge Paul Kellar’s comments at the sentencing of John Kaukura on a charge of intentionally injuring the man.
The assault – it was meant to be a fight but it sounds as though it was no contest at all – happened at the end of 12 months of threats and racial abuse.
Defence counsel Bryan Green had sought a sentencing indication hearing for Kaukura which also involved reducing a charge from wounding, to intentionally injuring the man. Kaukura, who has never been in trouble in his life, accepted the judge’s indication of a likely community-based sentence.
The judge accepted that the complainant – described as a younger and larger man – had “contributed significantly” to the offending.
“I accepted Mr Green’s submission that the offending was a result of you trying to put an end to what can only be described as threatening behaviour by the victim. One person referred to that behaviour as 12 months of serious abuse, including racial abuse, to which of course there can be no tolerance.”
The workmate’s behaviour was described as insulting, demeaning, and confrontational. The racial abuse was dished out on an almost daily basis, to Kaukura and others.
Kaukura, who is a Cook Islander, received a note from the workmate on October 8 to step out for a fight. He did. “This was only time someone had taken him up on it,” said the judge.
Kaukura grabbed him by the shoulder and punched him 10 times. The workmate raised his arms to protect himself but never managed to get a punch in back.
He received a fractured eye socket, bruising around the right eye, his bottom lip became detached from the gum, and his teeth were pushed through his bottom lip. He needed surgery to insert a plate.
Judge Kellar noted the complainant had received physical injuries and “emotional harm”.
He said that Kaukura identified strongly with his Cook Islands heritage. He wanted to get counselling to address issues of violence.
“You and your wife believe your identification with your cultural heritage is a positive factor in your life,” said Judge Kellar.
The judge sentenced Kaukura to six months of community detention when he will be curfewed at home every night, and 200 hours of community work. He said: “In this case, a sentence of imprisonment is not necessary to achieve sentencing objectives.”
He has changed to another workplace since the incident.
Category: News
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