Dunedin District Court. PHOTO: ODT FILES As a Dunedin businessman held his partner’s head underwater, wildly berating her, the woman believed ‘‘this must be it’’. Juanito Rene Gaspar, 54, released her then followed his bedraggled victim around the house, lashing out at walls and cupboards. The Dunedin District Court heard the woman was so terrified she fled to Christchurch. Gaspar — who is the sole director and majority shareholder of Extreme Hobbies, Youngs Transport, Dunedin City Contracting and Dunedin City Properties — immediately shifted the blame to the victim, a pattern which endured. The defendant was found guilty of impeding breathing and injuring with intent to injure following a trial this year. The jury heard in 2020, Gaspar’s partner had decided she needed to assert herself more and messaged him about a business decision from which she had felt excluded. The defendant was picking his son up at the time and warned the boy there would be ‘‘fireworks’’ later. After ensuring the children were in their rooms, Gaspar launched a verbal attack on the victim, who was in the bath. He smashed a vanity, punched a door then yanked her leg, causing significant bruising when it crashed against the lip of the tub. Gaspar, who said he was high on meth at the time, tried to convince the jury the woman had inadvertently slipped under the surface of the water as she thrashed around. But Judge David Robinson said he was sure the submerging was deliberate. ‘‘Even now, before me, you maintain a charade that was properly and roundly rejected by the jury,’’ he said. One of Gaspar’s children captured an audio recording of their rampaging father. ‘‘It would’ve been distressing for the jury and utterly terrifying for your victims,’’ the judge said. ‘‘You impressed as being thoroughly out of control.’’ The court heard how Gaspar’s partner suffered from PTSD, anxiety and intrusive thoughts, while his daughter now reacted to the smallest noises. In a statement, she said she hoped the panic attacks would subside. Gaspar wrote a letter to the judge saying his sorrow and remorse were ‘‘unbearable’’, but Judge Robinson said that was contradicted by statements he made in an interview with Probation. The defendant said he would have dealt with the 2020 incident differently if the woman had not aggravated him. She had ‘‘mental issues’’, she was ‘‘delusional’’, he claimed. In a letter to one of his children, Gaspar wrote: ‘‘You’ve got a lot of facts wrong about me ... I’m sure you know in your heart things don’t add up.’’ Crown prosecutor Clementine Flatley said it was clear the defendant was victim blaming. She was also critical of reference letters, some of which were written by people who appeared unaware of the details of the crimes; one from someone who barely knew Gaspar. Counsel Deborah Henderson said her client was under extreme pressure at the time, as a small business owner struggling with the stress of the Covid-19 crisis. Gaspar said he had taken to indulging in week-long methamphetamine binges where he would use up to a gram of the drug every day. Mrs Henderson said the addiction played a significant role in the crime but stressed her client’s previous good character. He had coached sports teams and sponsored a rugby club, the court heard. Gaspar should be sentenced to home detention and his name should be permanently suppressed to protect his business interests and employees, Mrs Henderson argued. Neither request was accepted by the judge. He jailed Gaspar for two years three months and declined the suppression application, noting the victim wanted the man’s identity published. ‘‘The presumption of open justice applies with full force,’’ Judge Robinson said. ‘‘Too often this offending is the kind that occurs behind closed doors.’’
