Two Mexican kitchen hands were convicted and remanded on bail by Judge Paul Kellar in the Queenstown District Court yesterday, after admitting their involvement in a serious assault in Queenstown in January.
Mario Becerra Malo (19) admitted injuring David Dorset with intent and assaulting Tony Wild, while Luis Daniel Rivera-Caro admitted injuring Mr Dorset with intent, on January 31 at Queenstown.
Prosecutor Sergeant Ian Collin said both the defendants were at Fergburger at 4.15am.
About 30 other customers, including the complainants, were present.
Due to the large number of customers, service was slow.
Sgt Collin said Mr Wild asked service staff how much longer his meal would be.
Malo heard this and entered into an argument with Mr Wild.
Mr Wild and Mr Dorset received their meals and walked towards a taxi stand on Camp St.
Mr Dorset stopped at an ATM to withdraw cash, while Mr Wild walked across the road to the Village Green to eat his meal.
Malo approached Mr Dorset and "without warning" punched him four times with a closed fist to the face and head.
Rivera-Caro joined in and punched Mr Dorset three more times.
Mr Dorset attempted to block the punches, but began to fall to the ground.
Malo then kicked him as he was falling and Rivera-Caro kicked him twice in the face and head before both defendants ran away.
Mr Wild then chased Malo down Camp Lane.
Malo waited for him and then kicked him to the ground.
Mr Wild attempted to hold Malo until police were called.
Sgt Collin said Mr Dorset received two broken tooth crowns, a badly bleeding nose, two black eyes, abrasions and bruising to the head and body.
He was taken by ambulance to Lakes District Hospital.
Malo and Rivera-Caro were captured on security camera and images were released to the media.
The men turned themselves in to police on February 5.
Malo's defence counsel, Sonia Vidal, sought for the matter to be dealt with yesterday because both men's working visas expired on April 12 and they were to have left New Zealand 15 days ago.
"Obviously, the court does consider this offending serious.
That is not lost on either of the defendants."
Ms Vidal asked Judge Kellar to impose a sentence of community work for Malo, along with "at least" $500 emotional harm reparation and $284 in medical costs.
"These men have been here on a working holiday, they're both under the age of 20, they're both expected to be back in Mexico to commence studies and have no prior offending.
"Whilst [the police summary] said there was no indication of any provocation at the ASB machine, there was an issue earlier in the evening at Fergburger."
However, Judge Kellar refused to deal with the matter yesterday, saying the incident was at the more serious scale of offending.
Malo and Rivera-Caro were convicted and remanded on bail to April 19 for sentence, but Judge Kellar warned a sentence of imprisonment was "a distinct possibility".
