Millionaire convicted over 'flying kung-fu kick' at car

DISORDERLY: Hawke's Bay millionaire merchant banker Sam Kelt.

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Hawke's Bay millionaire merchant banker Sam Kelt has been convicted of disorderly behaviour after a court heard he performed a "flying kung-fu kick" at a passing car.

Kelt, 47, appeared in Hastings District Court yesterday, defending the charge that he kicked the Subaru car driven by Mani Kumar at about 10.20pm on October 19 last year.

Police prosecutor Nigel Wolland said Kelt was walking along the middle of Heretaunga St toward McDonald's for a burger and was under the influence of alcohol when he kicked the car.

The court heard from a woman who was driving when she saw Kelt "sort of staggering" along the road. She beeped her horn when she feared he was going to step out in front of her car.

Security guard Daniel Gardner said he drove past and saw Kelt walking along the middle of the street looking "a bit sloppy as though he was drunk".

He told Kelt to get off the road. Kelt told him to "f... off" and gave him the finger. "He looked pretty agitated," Mr Gardner said.

He phoned police and followed Kelt on foot. He saw a silver Subaru pass Kelt heading west, go around a roundabout and come back. As it passed Kelt, he "launched into ... a flying kung-fu kick", striking the car in the rear passenger door area.

Kelt's lawyer, Jonathan Krebs, said Mr Gardner's version of events was "ridiculous" and invited him to consider whether someone of Kelt's "physical features" would be capable of such a kick.

Mr Kumar said he was driving eastward along the street with two friends in his car doing no more than 20kmh when passing Kelt, who for no reason kicked his car twice. He went around a roundabout and returned to Kelt, swerving at him to give him a fright.

Mr Krebs told Mr Kumar he was lying and that he was the protagonist. He said Kelt only kicked his car after he swerved at him. "You are a liar and you're talking rubbish."

Constable Ben Howat said that, at the scene, Kelt appeared to be intoxicated with slurred speech.

On the stand, Kelt said he took "grave offence" at the suggestion he was drunk. He had two glasses of wine with staff between 5.30pm and 7pm, and had been working alone until 10pm. Mr Kumar's car was coming toward him, he had to move out of the way to avoid it and took a kick at it out of instinct, he said. "It was a self-preservation reaction ... I did not kung-fu kick the car."

Mr Krebs said the prosecution had failed to prove its case and asked for it to be thrown out, adding that it was Mr Kumar who should have been charged.

When justices of the peace John Cameron and Alison Thomson found the charge proved, Mr Krebs requested that Kelt be discharged without conviction. After an adjournment, the JPs said Kelt was convicted and discharged and ordered to pay court costs of $130.

Later, Kelt said he was "tired of irresponsible, young drivers causing mayhem and death ... I would prefer to stand up to these people even if it means conviction for disorderly behaviour".

COURTING TROUBLE

January 1, 2004: Kelt handcuffed and pepper-sprayed after being pulled over while driving his black Mercedes-Benz from Hastings racecourse. He is charged with assaulting police, resisting arrest, refusing to accompany police and refusing to supply a blood sample. Police claimed he was aggressive. He said he had his hands in his pockets and was being friendly. Police dropped the assault and resisting arrest charges. Kelt was fined $1200 and disqualified from driving for six months. He apologised to police.

July 15, 2006: Shortly after midnight Kelt leaves a Mt Maunganui hotel he and wife Bird were staying in to ask boy racers to stop making noise. Raponi Terangikatukua Wilson, 20, admitted punching Kelt to the ground and was sentenced to 200 hours' community work and $1000 reparation. Kelt suffered serious injury and, in an unusual move, he was represented by a lawyer, Paul Mabey QC, under the Victims Rights Act, at Wilson's sentencing. Wilson said he had been minding his own business when Kelt began banging on his bonnet. He took this as a challenge to fight.

December 18, 2008: Kelt is involved in an altercation with the manager of Diva bar in Havelock North after a late-night row between his wife and his PA, Kerryn Jones. Kelt is charged with assault after grabbing the manager by his T-shirt. A police officer said Kelt was drunk and abusive. Kelt said he was sober. He was discharged without conviction in Hastings District Court last June.

October 19, 2009: Walking from his Hastings office to McDonald's late at night, Kelt kicks a vehicle he claims swerved toward him as he crossed a road. He defended a charge of disorderly behaviour but was convicted yesterday.

- © Fairfax NZ News