Found guilty of assault

GEORGE GARDNER

NOBILANGELO Ceramalus will still "go to work" despite being found guilty of assaulting a 14-year-old boy who strayed on to his property looking for a lost chihuahua.

The Waiheke Community Board member was convicted of assault after a day-long defended hearing in the Auckland District Court on Monday but intends to continue his public duty.

He is bailed to appear for sentencing on September 1.

Mr Ceramalus hit the teenager, who cannot be named, on the head with a branch described as "two inches wide" and "two or three feet long" on May 25.

Looking for the lost dog, the boy and his friend had strayed on to Mr Ceramalus' property which borders a forest reserve.

The boy told the court Mr Ceramalus had yelled at them, asking them what they were doing on his land.

The boy said he had apologised and had started to leave but Mr Ceramalus had picked up a piece of wood and "whacked" him on the head with it.

Mr Ceramalus was arrested for assault by Waiheke police on May 30 and appeared in court on June 4 when he was granted name suppression.

He was remanded on bail until June 11 when the name suppression was lifted. He pleaded not guilty to the charge.

He defended himself in court on Monday and says he did not go into the witness box on advice from a lawyer friend. He says he is disappointed by the conviction, but that Judge Greg Davis had found the witnesses credible.

"It was their word against mine."

The boy's mother says she is proud of her son and his friend for appearing on the stand in "incredibly difficult circumstances".

Her son, who has just turned 15, spent an hour and a half being cross-examined by Mr Ceramalus.

"My boy stood on the stand and had to answer questions like, `What is the colour of your chihuahua's coat?'.

"Mr Ceramalus accused both boys of being liars. He claimed I had coached them because the size of the stick had been in inches, not metric. He also said the boys had been coached by people trying to destroy his credibility.

"The prosecutor said it was the boys' truthful response to questions that persuaded the judge they were telling the truth. Mr Ceramalus was unrepentant," she says.

She pays tribute to Waiheke police for their support and "correct behaviour".

"All they've been concerned about is that a child was assaulted by a man, and that was proven in court."

Arresting officer constable Justin Moore says he is glad the hearing is over for the sake of the boys.

"The prosecutor said it should have been over in less than three hours and it dragged on all day. The judge and other lawyers said the boys had done well to give evidence – it's not an easy thing to do. Their evidence was found to be credible."

Mr Ceramalus says he has to be "pessimistic" about sentencing.

"Up to a year in jail is the penalty for common assault and I have to expect to go there."

Waiheke Community Board chairman Tony Sears says he has not spoken to Mr Ceramalus since his conviction but expects to see him at the monthly board meeting today.

He says he was surprised at the result because Mr Ceramalus had maintained his innocence.

"But that's why we have court cases – the court has to decide.

"It's not a good look for a community board member but the board has no right to force him to resign.

"If the issue is raised we'll discuss it."

Meanwhile, Mr Ceramalus says he will be acting on legal advice to lodge an appeal in the High Court.

- Waiheke Marketplace