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Boss faces charge after break-up bash turns sour

The Press
Last updated 23:03 16/12/2008

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A prominent Christchurch employer says he will vigorously defend a charge of disorderly behaviour resulting from a Christmas party that turned sour.

The owner of Smith Crane and Construction, Tim Smith, who employs about 150 people, was arrested for alleged disorderly behaviour at the Yellow Cross bar in Sol Square, central Christchurch, on Saturday night.

Smith said he had arranged to go to the Lichfield Street venue for a Christmas function, with the cost to be deducted from a debt owed to him by companies connected with the bar company's director and shareholder, Christchurch developer David Henderson.

Two Henderson companies, Five Mile Development Ltd (in receivership) and Property Ventures Ltd, owe Smith Crane about $1 million. The companies reached an agreement for time payment last Friday, and Smith withdrew his liquidation proceedings against Five Mile and Property Ventures on Monday.

An interim liquidator was appointed to Yellow Cross Brewing Company Ltd on December 1 on an application by Inland Revenue, which is seeking to liquidate the company over unpaid PAYE tax.

Henderson will attempt to remove the interim liquidator at a hearing on Friday. The interim liquidator's job is to protect the company's assets until liquidation.

Smith said the trouble started after his party of about 150 had their meal at Yellow Cross.

"Our biggest surprise was yet to come when about 20 police officers turned up about 11.30pm. I was at the function from the start until this occurred, and all those who attended were well-behaved throughout," he said.

"The way in which the police emptied the bar was as if my staff were a bunch of bottle-throwing youths at a street party, with respectable, middle-aged women being pushed and shoved."

After being evicted Smith, his partner and a few friends went to another Sol Square venue, the Fish & Chip Shop, and ordered a round of drinks.

He tried to pay for the drinks with one of 10 Sol Square vouchers (of $400 each), which he had arranged as another offset to the debt.

He said a well-built man, whom he assumed was the manager or a security staff member, asked him to move away from the bar.

"The conversation became somewhat heated as I was annoyed with the treatment we had received and the completely unnecessary action of calling the police," Smith said.

"He then gave the call to his security staff and a number of them jumped on top of me, forcing me to the ground. I reacted with limited resistance."

He was arrested and charged with disorderly behaviour, spending the night in the police cells.

Inspector Dave Lawry said Yellow Cross management called police because they were concerned about aggressive behaviour towards security staff by patrons.

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"They intended to close the bar and asked police to support the closure as they were concerned for the safety of their security staff," he said.

"Police attended and announced to patrons that they had 10 minutes to finish their drinks and leave.

"Numerous patrons refused to leave and began to wind each other up, and it could have become violent. However, the majority left peacefully."

Henderson said his management had not called the police, who had taken action after a routine visit to the Yellow Cross.

"At Sol Square we will not tolerate any childish or aggressive behaviour.

"It is a venue for adults who want to enjoy themselves and have a great night out."

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