Candidate's appeal against assault conviction fails

Stephen Wesselingh was unable to persuade the High Court to quash his assault conviction. Photo:...
Stephen Wesselingh was unable to persuade the High Court to quash his assault conviction. Photo: ODT Files
A failed Waitaki mayoral candidate has had a similar lack of success in appealing an assault conviction for pushing a bailiff.

Stephen Wesselingh, of Palmerston, was found guilty of the charge following a judge-alone trial in the Oamaru District Court in May and was fined $750.

The defendant represented himself at trial and again opted not to instruct a lawyer for his appeal at the High Court at Timaru in August.

Justice Jan-Marie Doogue, in a judgement released this week, dismissed the legal challenge, in which Wesselingh referred to the officers involved as "police thugs".

On May 2, 2021, a Ministry of Justice bailiff arrived at the defendant’s business address of Ascot Manufacturing Ltd to seize property as a result of unpaid fines.

Wesselingh told the man he would not be paying his debt and did not agree with the paperwork.

When he turned to walk away, the bailiff followed.

The court heard how the defendant was "angry and yelling", ordering the man to leave the property.

"[He] lurched forward at me... pushed me back with two hands on my chest," the bailiff said.

He activated his duress alarm and, finding the exit gate locked, waited for police to arrive.

Constable Carl Pedersen had to scale a fence to get in.

He described Wesselingh as refusing to speak to him and unco-operative when placed under arrest.

He was eventually removed from the property by Const Pedersen and the bailiff.

At trial, Wesselingh claimed the bailiff had blocked his path and rather than pushing him, he had attempted to slide past him.

He disputed the constable’s evidence, saying he was busy working when they asked to speak to him and did not have time to speak to police.

Wesselingh said he was the victim of assault, not the perpetrator.

Judge Michael Turner said the prosecution witnesses were consistent in their version of events.

The defendant, in contrast, used "highly emotive language", was reluctant to answer questions and was facetious when he did, the judge said.

Wesselingh’s grounds for appeal were difficult for Justice Doogue to decipher but appeared critical of the judge, the police and the bailiff.

"It is apparent Mr Wesselingh’s concerns stem from his inexperience with the court process and the fact he was a self-represented litigant," Justice Doogue said.

"The judge used his best endeavours to help him and to ensure he had a fair trial where he was able to present a defence. No errors are apparent. The judge’s reasons for convicting Mr Wesselingh were consistent with the evidence and no miscarriage of justice resulted."

Wesselingh did not stand for council or community boards this year but had stood for various Waitaki8 District Council roles over the past decade.