A former bar worker has been found guilty of viciously beating another man unconscious in the lane behind a Mount Maunganui strip club.
The jury in Tauranga District Court yesterday took just over an hour to return with a unanimous verdict against Mathew Aro, 26, in relation to a charge of wounding with intent to cause Elliot Earp, 32, grievous bodily harm.
Aro was found guilty of intentionally causing serious harm to Mr Earp early on February 18 last year in the lane behind Bobby's Bar, Massage and Strip Club in Maunganui Rd, after they got into fight the victim started.
The jury heard Aro punched and kicked with such force that Mr Earp's nose and cheekbones were broken, his lips split, he suffered bleeding to his brain, and spent days in Tauranga Hospital's intensive care unit on a ventilator.
During his closing address, Crown prosecutor Duncan McWilliam urged the jury to look at the scene evidence, medical evidence and ESR forensic evidence including the blood stains on Aro's clothing and shoes. He said they were entitled to draw logical inferences about the assault.
Mr McWilliam told the jury he also had evidence about text messages Aro sent in which he talked about caving in Mr Earp's face.
After being taunted by Mr Earp, Aro had gone down the alleyway "to deal to him", Mr McWilliam said.
"When Mathew Aro inflicted the injuries on Mr Earp he intended to cause him really serious harm. He did so by not only punching him but putting the boot into him while he was on the ground.
"Once he had him on the ground that should have been the end of it, but it wasn't. [He continued] putting the boot in when he was not under any threat from Mr Earp and already had the upper hand."
People were entitled to use reasonable force to defend themselves and Mr Earp may have been baying for a fight.
"But you are not entitled to thrash them to within an inch of their life. It was clearly a beating of some force, and some severity all centred on the head and face and the ESR forensic evidence confirms there was repeated kicks to the face, head and nose."
Aro's lawyer, Tony Balme, told the jury the defence rejected the ESR blood analysis evidence that kicks were involved and said the injuries were the result of two or three blows or punches. The Crown had failed to provide compelling evidence that the accused had intended to cause the injuries he did, and he should be acquitted.
"Mr Earp was the instigator and aggressor in this fight and Aro was left with no choice but to fight him after he came at him with drunken resolve, and the accused was defending himself against a bigger and heavier man who would not take no for an answer."
Aro did not give evidence at the trial. Judge Peter Rollo further remanded him on strict bail terms, pending sentence on January 24.