Case to proceed in Ryder assault

Last updated 15:48 25/03/2014
Jesse Ryder
PETER MEECHAM/ Fairfax NZ
VICTIM OF ASSAULT: International cricketer Jesse Ryder.

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A stay of proceedings has been refused for the man accused of assaulting cricket international Jesse Ryder outside a Merivale bar 10 months ago.

The decision was released as an abridged version of Christchurch District Court Judge Brian Callaghan's judgment, after a day's legal argument last month.

The 38-year-old builder, who has name suppression, is charged with injuring Ryder with reckless disregard for his safety.

His defence counsel Jonathan Eaton QC applied for the stay - which would mean the charge would be dropped - on the grounds that adverse pre-trial publicity would prejudice a trial.

But Judge Callaghan has ruled that he does not consider a stay was warranted and refused the application.

Almost all the details of the stay application hearing on February 4 were suppressed at the time, and those orders have effectively been continued with the release of the reserved decision.

Judge Callaghan suppressed the contents of the reserved decision apart from the outcome, because of the risk of further adverse publicity.

He has barred media from accessing a full version of the judgment without his approval.

The case is next due to be called in court on Friday, when a date for the trial may be set. The man has pleaded not guilty and elected trial by jury.

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