Judge finds couple's evidence inconsistent
A couple fabricated aspects of their evidence in an assault case involving a former housemate, a judge said.
Daniel William Bicknell, 32, appeared for a defended hearing in the Queenstown District Court before Judge Dominic Flatley yesterday for an assault on June 1.
The judge found the charged proved and Bicknell was fined $500 and ordered pay $300 emotional harm reparation.
Sergeant Ian Collin asked the victim, who was flatting with Bicknell's girlfriend in Jims Way, Lower Shotover, about the incident.
She was woken by yelling in the early hours and heard Bicknell's girlfriend saying "You're hurting me, get off me."
The victim got out of bed, put on a dressing gown and went to the couple's room. She opened the door to the bedroom, and Bicknell told her to get out then he got up and shoved her down the hallway, she said.
"I was standing in the doorway and he shoved me three times and I went back. At the end of the hallway he grabbed me by my shoulders and shoved me against the wall."
In the hallway she hit her head and fell to the floor, crawled away and went downstairs. She then called police and said Bicknell threatened to "bash her head in" then he pulled the phone cord out of the wall.
The defence called Bicknell's partner, who said she believed the victim tripped in the hallway and hit her head. She had told her partner to get off the victim because she had metal pins in her back because of a previous injury.
The judge said there were some significant inconsistencies in the evidence, particularly Bicknell's story.
He said a police DVD interview presented a different series of events and the partner's evidence was "fabricated to a large extent".
He told Bicknell, whose previous history did not include any convictions for violence, to grow up.
"It seems to me that what you are saying has been fabricated to construct a story here to present a defence."
Thomas Ronald McGrath, 28, of Wanaka, was fined $550 and disqualified from driving for six months for driving with a blood alcohol level of 98mg on February 16.
The Southland Times