Stoush accused 'came off second best'

Last updated 05:00 22/01/2013

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A feud between Merrilands neighbours became more like a farce as one antagonist ended up being driven along the street with his feet hanging out a car window.

Jason Ralph Eldershaw and Kyle John Yandle, both 39, of New Plymouth, deny assaulting Trinity Wilson with a baseball bat and aggravated burglary.

During the first day of a three-day trial in the New Plymouth District Court, the jury heard that the stoush began when two Wilson brothers went to the Tui Dairy to get cigarettes on the evening of December 22, 2011.

Trinity Wilson believed Eldershaw yelled abuse at him so he responded by giving him the fingers, Crown prosecutor Justin Marinovich said.

Eldershaw took exception and punched his victim in the head through the open window of the car.

Trinity Wilson's younger brother, who was the driver, panicked and drove off. Eldershaw ran after the car, leaping through the open window as it stopped at an intersection, again punching Trinity Wilson.

The teenage driver again took off, leaving Eldershaw's legs hanging out the car as they headed for home on nearby Onslow Place.

Giving evidence, the boys' father, David Wilson, said he punched Eldershaw, felling him, after his boys returned home with Eldershaw still hanging out of the car.

He had warned the two men, on their return, not to come on to his property.

Twenty minutes later, Eldershaw, who lived nearby, and was intent on revenge, returned with Yandle. Both men were armed with baseball bats.

Eldershaw hit Trinity Wilson over the head with his baseball bat, causing a gash which bled profusely, Mr Marinovich said.

David Wilson responded by hitting Eldershaw, who ended up with his hand through a glass window.

With that Eldershaw and Yandle left. Their baseball bats were found later in the bushes at Peringa Park.

Mr Wilson said it wasn't his idea to have the men charged.

"He [Eldershaw] came off second best. I was quite happy to leave it at that."

His son was not hit hard with the bat, he said.

"It was just a tap," Mr Wilson said.

To cross-examination from Barry Henderson for Eldershaw, David Wilson said if he had not intervened earlier "Eldershaw would have given Trin a hiding. I was protecting my boy."

"Before Eldershaw got a blow in you decked him?"

"Yeah," Mr Wilson said.

Later, when the two accused returned, Mr Wilson agreed he and Eldershaw had a scuffle on the balcony after Eldershaw "tapped" his son on the head with the bat.

To Paul Keegan, for Yandle, Mr Wilson agreed that Yandle just stood there on the balcony and did "bugger all apart from being in the wrong place at the wrong time".

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Yandle was charged as a party to the assault and burglary.

- Taranaki Daily News

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