A Cromwell man has been convicted of a domestic violence charge, despite the judge declaring a mistrial.
The unusual twist came during the judge-alone trial of Tony James Donovan Wood (46) on a charge of assault in a family relationship, on September 25-26 last year, in the Alexandra District yesterday.
The trial had been going for more than two hours when Judge Michael Turner declared a mistrial on the grounds the prosecution had failed to fully disclose evidence to Wood and his lawyers.
Counsel Michael Walker was cross-examining the officer in charge of the case when it was revealed the police prosecution service had not disclosed handwritten notes made by the officer, and a family harm report.
Judge Turner said a new trial could be heard next year, but based on the evidence presented to that point, including the defendant’s admission in a videotaped police interview of "applying force to the victim out of anger", he suggested Wood would find it difficult to successfully defend it.
The defendant acknowledged he had "kicked or pushed" the complainant out of their bed with his leg, thrown water over her, and stood over her with a clenched fist while she was lying on the floor.
Those admissions matched evidence given by the complainant — Wood’s former de facto partner for about 10 years — about the incident in the bedroom of their Cromwell home.
Judge Turner said the fact the complainant disregarded the defendant’s wish she not sleep in their bed that night, following a row over an aborted dinner date a few hours earlier, was not a defence.
He gave Wood a sentence indication that included a 20% reduction for changing his plea, therefore sparing the complainant from having to give her evidence in court a second time at a new trial.
After agreeing to vacate his not guilty plea and admit the charge, Wood was convicted and ordered to pay the complainant $3000 reparation for emotional harm.
He must also undergo supervision for nine months to enable intervention for his anger issues.
Also sentenced by Judge Turner yesterday was.
— Samuel Christopher Paterson (32), painter-decorator, of Alexandra, assault, intentional damage, February 8, 60 hours’ community work.
