A Rotorua District Court judge has postponed the sentencing of former All Black Keith Robinson today after receiving conflicting evidence from police.
Robinson, 37, pleaded guilty to a charge of injuring with intent to injure in the Hamilton District Court on December 20 after an incident outside The Palace Hotel in Te Aroha earlier that month.
Police alleged that Robinson had punched the victim in the head and thrown bottles at him.
When the matter was first called this morning for sentence in the Rotorua District Court, Robinson's lawyer Moana Dorset said despite multiple pleas to police she had not received full disclosure, including the attending constable's notes from his notebook.
The hearing was adjourned and Ms Dorset given the notes which she read out to Judge Weir.
The Constable, from Te Aroha, noted the victim had a cut to his toe and elbow, a graze to his head where there was a dried blood spot.
The victim then tells the officer he "doesn't want to talk about it, or prosecute and that he (victim) got what he deserved".
Ms Dorset said CCTV footage which shows the pair appearing to have a verbal confrontation before both walk freely down the stairs of the deck out of view and into the car park.
When Judge Weir asked Ms Dorset why he pleaded guilty to his current charge and not a lesser one, she explained that police told her they would not only lay that charge but three of assault with a weapon and wounding causing GBH.
Judge Weir said he simply couldn't sentence Robinson - who was wearing one of his former Adidas All Black polo shirts in the dock - on such disparaging views from police.
"The problem is there's a clear dispute between the disclosed documents provided today and the summary of facts and that needs to be resolved," he said.
Judge Weir told Robinson the summary did not "paint a good picture" for him.
He said it was important the police's true stance is revealed, "rather than what's in this summary which appears not to be the real position."
Judge Weir also said the victim impact reports were also completely different, comparing what was in the officer's notebook to the summary of facts.
Given "such the divergence", Judge Weir ordered the police prosecutor to get in touch with the officer in charge of the case before tomorrow, when he set the matter down again for sentence.
- © Fairfax NZ News