In the Invercargill District Court today, Judge Russell Walker said Talemaitoga Tuapati, who played for Fiji between 2010 and 2018, arrived at Divaz Revue Bar in Invercargill about 12.30am on July 23 last year.
The summary of facts says initially he was socialising and drinking with work colleagues, however after about 40 minutes staff approached Tuapati, saying his behaviour towards the dancers on stage had become inappropriate.
‘‘The untoward behaviour continued, resulting in the defendant being asked to leave the premises.’’
The female owner, who was not on the premises at the time, was called.
After she arrived, she advised Tuapati that he had to leave and explained to him his behaviour was inappropriate.
‘‘You responded you had paid your money and you were not leaving,’’ Judge Walker said.
For about six minutes the owner tried to persuade Tuapati to leave, however he refused.
‘‘She grabbed you by the left arm and started pushing you in the back.’’
In response, the court heard that Tuapati swung his left arm back with force, hitting the owner in the face, which he then followed up with punches to her face.
The second victim, a patron, became involved as she tried to help.
Tuapati lashed out, forcefully pushing the patron in the chest, then pinned her against a glass window by holding her top around her neck.
Police across the road dealing with an unrelated matter ran over and arrested Tuapati.
The incident was captured on the bar’s CCTV cameras.
As as result of the assaults, the owner had a sore face with marks to her cheeks, while the patron suffered from pain to her neck and chest with a small cut to her cheek.
Defence counsel Sonia Vidal argued for Tuapati to be discharged without conviction, citing that a conviction could have a detrimental impact on his ability to gain a rugby contract in New Zealand or internationally.
The attitude of sporting bodies had changed significantly in the last few years with regards to player convictions, especially male assaults female, she said.
Tuapati's’s shame was palpable and he just wanted to get the matter dealt with so his family could move on, the court was told.
But Crown prosecutor Mike Brownlie argued that previous convictions, including male assaults female in 2008, had not prevented Tuapati from playing rugby in France, and said no evidence was before the court from either a sports agent or club to say the conviction would hinder securing future rugby contracts.
Judge Walker said he was unable to discharge Tuapti without conviction and sentenced him to 75 hours’ community work, 12 months’ supervision and ordered him to pay $500 for emotional harm to each victim.
