Home detention for 'grossly inappropriate behaviour'

It was ''more good luck than good management'' the beer glass which struck a barmaid on the head had not seriously injured her, Invercargill District Court judge Alistair Garland said.

John Edminstin (65), chairman of the Bluff oyster and food festival committee, picked up the glass from the bar and threw it at the barmaid after she refused to serve him because he was intoxicated.

He had earlier admitted a charge of assault with a blunt instrument and was yesterday sentenced to three months' home detention.

Edminstin was attending a function at Bluff's Golden Age Tavern on Sunday, August 31, when the assault happened about 7.15pm.

Judge Garland said the assault was ''serious but not extreme'', as the glass was a weapon which had the potential to seriously injure the woman.

''It hit her on the left side of her head - the most vulnerable part of her body ... She was left with soreness and tenderness to her head. That night she had a headache and could not sleep.

''The incident has stressed her to the point she does not want to return to work in the hospitality industry. She says your behaviour was disgraceful that night and ruined the function for many people.''

Judge Garland said he agreed with submissions from Edminstin's counsel, Bill Dawkins, that Edminstin ''exploded'' when he thought he was being made an example of by the barmaid, who was serving others at the function who had also been drinking.

The assault was spontaneous, Judge Garland said, although ''grossly inappropriate behaviour''.

He took into account Edminstin had no previous convictions for violence, had written a letter of apology to the woman, had offered to make an emotional harm payment, and had completed extensive service in the community.

In addition to home detention, Edminstin was ordered to undergo alcohol counselling and treatment, and ordered to pay $1500 to the victim.

 

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