Virender Singh (L) pictured with a friend after being charged last year. He said he was acting in self-defence. Photo / NZPA
Liquor store owner Virender Singh will not stand trial.
Justice of the Peace M. Sinclair said after hearing conflicting and contradictory evidence in the Manukau District Court, there was no case for Mr Singh to answer.
Singh faced two charges of injuring with intent to injure over the incident at his Otara store last September. He denied the charges on the grounds he acted in self-defence.
Singh's lawyer Greg King argued Singh exercised his basic human right by defending himself and his shop from five drunken teenagers.
Mr King said it was not clear if it had been his client that caused the major injuries to one of the teenagers.
He said if Singh had hit one of the boy's on the back then he was justified given the potential threat to him and his family.
Mr King said one of the boys had told the court that he had gotten hit only after he tried to run into the shop.
He said Singh had two young daughters in the back of his shop and he had just been stabbed.
Mr King reminded two Justices of the Peace that the brawl had only taken place two months after liquor shop owner Navtesh Singh was shot dead in his shop.
He said the boys had threatened to come back with more friends.
"I'm not going to insult your worships' intellect by directing you in self defence but in my submission there could not be a clearer case."
Crown prosecutor Deborah Marshall said there was no robbery planned by the two boys who were hit.
She said other witnesses had seen Singh strike the boys with his hockey stick, one of whom had lost four teeth.
She said one boy entered the shop and posed no threat because he was so "wasted" he couldn't stand up.
She said the other boy only wanted to find out what happened to his friend. Miss Marshall said Singh had also told police that he wanted to "teach the boys a lesson".
This morning part of an interview Singh gave to police shortly after the brawl was played to the court.
He described pulling up to his shop and seeing his nephew trying to hold a teenager down. He said he went to call police but three teenagers jumped on him and started hitting him.
