Accused claim self defence

Two Picton teenagers alleged to have beaten a 30-year-old man after he confronted them with a baseball bat are claiming self defence in a jury trial, which began at the Blenheim District Court yesterday.

Joe Solomon Vaatuitui and Joe Stewart, both 19, have denied injuring Eric Aitchison with intent to cause grievous bodily harm after an incident early on February 21, 2010.

The third co-accused, Daniel Charles Hawkins, 19, of Picton, admitted the same charge before the opening statements yesterday afternoon and will be sentenced on April 12.

Crown prosecutor Mark O'Donoghue said the victim had become "angry and aggressive" after hearing one of the group outside Mikeys Bar in Picton on February 21 call a woman a "slut" and later that they should "gang rape" her.

He believed the comments were aimed at his sister.

Mr Aitchison, his sister and their friend walked toward the Shell petrol station on High St and were followed by the group.

The sister and friend bought food at Shell while Mr Aitchison went back to his Oxford St home to get a baseball bat. He sent his sister a text message saying he was coming back to see if she was OK.

He returned to the petrol station with the bat and began swinging at the group, but was disarmed by Vaatuitui.

Mr Aitchison was taken to the ground and was punched and kicked. The attack extensively damaged his left eye socket, which needed reconstructive surgery.

Vaatuitui's counsel, Mike Hardy-Jones, said self defence was using force reasonable in the circumstances.

"What do you do? Stand by and watch? You can do nothing or you can act," he said.

Mr Hardy-Jones said Vaatuitui caught the bat and the force caused the victim to fall to the ground, where Vaatuitui wrestled him and punched him in the face twice because he was resisting.

"If you think what I've described is what he [Vaatuitui] did than he's not guilty," he said.

Mr O'Donoghue said at the time of the attack, Mr Aitchison was unarmed and posed no threat to the group who, were "motivated by anger and revenge".

The trial, set to last five to seven days, continues today.

- The Marlborough Express Last updated 12:57 08/02/2011