Assault and resisting charges against a Mongrel Mob member and his associates have been thrown out in the Blenheim District Court after a judge ruled police went into a Mob house in Blenheim unlawfully.
When the police prosecutor finished giving evidence yesterday morning, the defence lawyers told Judge Chris Tuohy police should not have gone into the Brewer St home on October 26.
The defended hearing began on Thursday for Mongrel Mob member Tony Taurima, 45, his partner, Denise Adele August, 34, a mother of six, and Les Te Rawha Wiremu Edmonds, 22. Each faced charges of assaulting police and resisting police. August was also charged with intentional damage and Taurima with threatening to kill.
Judge Tuohy said officers outside the house heard yelling and the sound of a slap or a punch, but there was no evidence of more violence.
When the hearing began police prosecutor Sergeant Steve Frost said the officers went into the house and tried to move the defendants into the living room, but they resisted and kept yelling abuse.
Police dog handler Steven Tribe said he accidently sprayed everyone with pepper spray during a struggle with Taurima and Edmonds in a narrow hallway, including himself.
Taurima later threatened to kill Constable Nathan Potbury by running him over in a car.
"In my view they had good cause to suspect an assault had taken place, but that relies solely on the sound heard through the window," Judge Tuohy said.
The Crimes Act 1961 allowed police to enter a home and arrest a person, but it did not allow them to go into the house to investigate and hopefully identify a person who may have committed an offence, he said. There was nothing to suggest an offence was being committed that would cause immediate and serious injury to any person or property.
"I'm conscious police don't have the luxury of sitting in the court, nine months after it happened discussing it over three days. They have to make the decision in the moment."
However their decision to enter had to be assessed against the Act, he said.
Judge Tuohy found there was no case to answer against Taurima, August and Edmonds on the charges of assaulting police and resisting police.
Defence called no evidence.
Taurima was convicted of threatening to kill and sentenced to 120 hours' community work.
Judge Tuohy said Taurima was angry about what happened in the house and by the time he was in the car he was "clearly out of control".
However the threat was made in a very nasty way.
"These policemen are people with families like you. It is wrong to stereotype them as it is to as it is to stereotype you. You need to respect them."
Taurima apologised for threatening to kill Mr Potbury, which was pleasing, he said.
Judge Tuohy rejected defence lawyer Laurie Murdoch's submission that August would not have damaged a police car with a piece of wood if police had not entered the home.
He found August guilty of intentional damage and sentenced her to 80 hours' community work, which also wiped outstanding fines of $6340.62.
August was also ordered to pay $310 reparation to police for the damage to the car.
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