Assault charges dismissed

19:05, Jun 21 2012

Charges against three Wanaka men accused of assault more than a year ago were dismissed in Queenstown District Court on Wednesday.

Samuel James Brooker, 21, a builder, Jordan Leigh Byrne, 20, and Dylan Poara Cooper-Slee, 19, appeared before Judge Kevin Phillips after a hearing on Tuesday.

All three were originally charged with injuring with reckless disregard for the safety of others on April 28 last year.

Sergeant Ian Collin sought an adjournment because a police witness was unavailable.

Media were asked to leave while the judge opted for a chambers hearing after a request by lawyer Bill Dawkins.

On Tuesday, Mr Collin told the court the defendants were drinking in Wanaka and there were three "areas of conflict" that night – in a pub, Woody's bar and Ardmore St.


Judge Phillips said witnesses described incidents with a woman in a bar and another involving punches and kicks.

There was evidence from a dentist and physiotherapist regarding the victim's injuries, but he was left with no other option but dismissal of all charges.

"In relation to each of these men the charges are not made out at all," the judge said.

"The charges are dismissed."

No-one was available for comment outside the court.

The Southland Times