A wannabe stuntman who surfed atop a taxi is it went over the Harbour Bridge has argued his case should be thrown out because he did not endanger anyone other than himself.
Johnny Kerry Bennett, 26 - better known as "Johnny Danger" - appeared in North Shore District Court this afternoon after denying a charge of creating a criminal nuisance by doing an unlawful act.
The alleged incident, caught on film by one of his mates in the back of the cab, took place early on a Sunday morning between March and May 2013.
But it did not make headlines until August when the video was posted online.
The car-surfing video, which went viral on social media and featured on international news sites, shows Bennett climbing out of the vehicle's passenger-side window and precariously clinging to the Reliable Cabs sign on the roof of the car.
The clip was played for the court today and defence lawyer John Moroney said the facts were not in dispute but the charge was.
For it to be proven, Mr Moroney said it must be clear that Bennett was a danger to others, not just himself.
The element of recklessness - knowing that he was putting others in danger - was also not made out by the prosecution, the lawyer said.
Judge Lawrence Hinton was sceptical.
"There were people who were endangered including the individual foolish person out on to the roof," he said.
"You've just got to look at that video and any sensible person would just say 'wow'."
The only witness called by police was Reliable Cabs driver Chirag Kharbanda who picked up Bennett and his two friends on Fort St early one morning.
He agreed to take the trio to Silverdale and claimed he was completely shocked when the man in the passenger seat hoisted himself out of the window and on to the roof as they crossed from Auckland to the North Shore.
The video showed him laughing "nervously" as Bennett returned to his seat but he told the court he was scared.
Mr Kharbanda did not pull over and kick the men out because he was concerned they would become aggressive and he wanted the fare, he said.
Mr Moroney disputed the driver's version of events and said he had actually found the stunt "very very funny", so much so that he joined the men for a beer when he dropped them off in Silverdale.
After initially denying it, Mr Kharbanda said he may have stayed for one or two drinks.
The lawyer said such actions were usually met by an infringement fine of $150 for "riding on or in a motor vehicle dangerously" but the six-month period for police to enforce that had lapsed when they found out what had happened.
The case was adjourned until July for written submissions to be filed.
- By Rob Kidd of the NZME. News Service
