Complaints laid over broken arms in Casino fracas
Police have reopened investigations into two assault complaints by Christchurch Casino patrons who allege their arms were broken by a security officer during a fracas outside the main doors.
The men’s complaints were originally rejected but defence counsel for one of the men, Tony Greig, said the complaints were now being pursued again by the police but there had not yet been an outcome.
Christchurch District Court Judge Stephen O’Driscoll today found that Lucas Finn Panton, 26, an Ashburton tiler, had acted in self-defence when he saw his friend being restrained on the footpath by security staff, and saw an officer twist and break his arm.
But the judge said Panton’s response was not reasonable when he moved in and kneed the security officer in the head as he knelt on the footpath.
Panton told the judge-alone trial last week that the security officer then restrained him and broke his arm as well.
Medical records were presented to the trial about the men’s injuries. Wade Hewson, 26, of Ashburton had previously broken one arm in a mountain biking crash, but he said the officer broke his other arm in the incident on February 21.
Mr Hewson said he had been unable to work as a tiler since the incident and was due to have reconstructive surgery on his shoulder soon. Panton is still undergoing physiotherapy on his arm.
Judge O’Driscoll told Panton: “Mr Hewson’s arm was broken in the incident and your arm was also fractured or dislocated. One might think it was an unusual set of coincidences that two young men might have broken limbs as a result of what occurred.”
The incident was recorded on security camera and the footage was played several times at the trial.
Judge O’Driscoll said he was sympathetic to Panton over what happened. Mr Hewson was attacked from behind by an unknown patron as he left the casino, while he was out with friends on a stag evening.
The attacker took off and has never been found. Mr Hewson was agitated and was grabbed and put on the footpath by security staff. They alleged he had tried to shin-kick or scrape the officer who is then alleged to have broken his arm.
The judge said Panton had not seen what happened earlier but said in evidence he saw his friend’s arm being broken and then believed the officer was going to cause serious injury to his ankle.
He said he did not need to make a ruling on the injuries the men received. “I cannot say that the injury caused to Mr Hewson was deliberate, nor can I say whether injuries suffered by him previously in an accident caused or contributed to the injuries he received that night.”
He ruled: “While I have accepted that Mr Panton believed that he was acting in self-defence to assist Mr Hewson, my view is that in the circumstances of the case, kneeing a security officer in the head cannot be said to be ‘reasonable’ force.”
He convicted Panton on the charge of assault with intent to injure and imposed what he described as “a nominal fine” of $400. He discharged Panton without conviction on charges of possession of cannabis and Ritalin that were found on him when he was searched that night.
He said the drugs charges – which will not now appear on his record – would have been more likely to have affected him in the future.
Panton accepted the outcome, telling the judge, “Cheers, mate.”
The judge also said: “It is the role of security staff to prevent a breach of the peace and prevent further violence or danger to members of the public or themselves. I cannot comment how they should do that except to say that they must use the minimum degree of force taking into account the particular circumstances of the case.”
Category: News
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