May 15, 2008

Jail for workplace attack with jemmy bar

A 52-year-old Burwood man has assured his former boss ? who he attacked with a 45cm jemmy bar on February 27 ? that he has nothing to fear about any further attack.

After the attack at the Bromley rubbish transfer station, David Alan Butler told police that he expected to go to jail but he would ?hunt down? the victim when he was released.

But Butler had a different message for the High Court at Christchurch at his sentencing today by Justice Graham Panckhurst.

Defence counsel Lee-Lee Heah said Butler wanted her to tell the court: ?There is no way the victim is at risk from him.?

Miss Heah said her client had never learned constuctive ways to express his feelings. She said he had become angry about his work situation and had not been taking his blood pressure medication.

He had intended to kill the victim ? the operations manager at the plant ? but had found at the last minute that he could not go through with it. He had struck only a glancing blow with the jemmy bar.

Crown prosecutor David Jackson said the case was bizarre because the incident happened at a workplace over a relatively innocuous workplace dispute.

Last month, Butler pleaded guilty to the attempted murder charge.

Justice Panckhurst noted that Butler had eight previous assault convictions and had served two jail terms but had not been in trouble for about 12 years.

He had signalled his intentions to workmates on the morning of the attack, virtually inviting intervention. He had struck what might be seen as a warning blow by smashing the jemmy bar onto the manager?s desk.

It had been ?crude and unsophisticated? offending by a man who had a good work record, but who had an inability to trust others or express his feelings. He was now motivated to accept any help available.

The attack caused little physical injury but left the victim anxious.

He cited underlying issues including stress ? Butler did not believe he was being fairly treated at over accidents at work ? health issues, alcohol abuse, and deep seated psychological factors.

?All of this culminated in this crude act of violence,? Justice Panckhurst said, jailing Butler for three-and-a-half years.