Benefit of doubt after bar brawl

A surf-lifesaving coach will be able to continue teaching children after a bar-room brawl, a court has heard.

Benjamin Paul McKay (35), of Warrington, would be forced to give up supervising the "Nippers" at his local club if he was ordered to wear an electronic-monitoring bracelet, counsel Brian Kilkelly said.

Judge Dominic Flatley said he had intended to sentence the defendant to community detention yesterday for the assault but gave him "the benefit of the doubt" and imposed 300 hours’ community work instead.

McKay was at The Baaa on Great King St on October 19, the Dunedin District Court heard.

Two patrons were involved in a disagreement in the courtyard and one allegedly pulled a 10cm knife on the other, slashing at his throat.

McKay waded in and punched the victim in the face before being ejected from the bar. He was later collared by police.

"It’s obviously very sinister and the potential for danger in this incident was horrific," Mr Kilkelly said.

But he stressed his client did not know the man with the knife and had no idea of the presence of a weapon.

The defendant was only told of that once at the police station, the court heard.

"He was very upset and concerned to hear that had happened," Mr Kilkelly said.

McKay was only at the bar for a pool competition, his counsel said, and he had not consumed any alcohol at the time of the incident.

Mr Kilkelly said the victim had previously asked his client to "step outside" and when he walked up to him later, McKay feared he would be hit.

"He lashed out," Mr Kilkelly said.

The father of two was about to start full-time work, the court heard, and surf-lifesaving at the weekend was "very important to him", and "a responsibility he takes very seriously".

Judge Flatley noted McKay had two previous convictions for violence and was assessed by Probation as a medium risk of harm to others.

"If you had punched this victim in such a way he had fallen oddly or hit his head, you could have killed him," the judge said.

"This behaviour the community, the courts and the police take a very dim view of."

A 53-year-old man alleged to have slashed at the victim’s throat has pleaded not guilty. He will be back before the court next month.

 

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