James Mason told One News he did not know which charge he had been convicted on. Photo / Simon Baker
A Christchurch father has been found guilty of assaulting his 4-year-old son after a two-day trial seen as a test of the anti-smacking laws.
After more than nine hours of deliberation, the Christchurch District Court jury last night found James Louis Mason not guilty of assault for lifting the bicycles that his two sons were sitting on and slamming them back down.
But on the third count - which accused him of pulling the 4-year-old's ear and punching him in the face - the jury returned a guilty verdict.
Mason denied all charges, but said he pulled the child's hair and flicked his ear to stop him going back into a dangerous situation on his bike on the Bridge of Remembrance ramp in central Christchurch where his 2-year-old had fallen and hurt his head.
Witnesses at the trial did not see the incident on the ramp. But they told of hearing Mason afterwards, swearing and shouting at the boys.
Judge Michael Crosbie remanded him on bail for a pre-sentence report and sentence on June 17.
He said he was considering whether a supervision sentence should be imposed to give him anger-management training.
Mason told One News outside the court he was baffled by the verdict.
"I'm not quite sure which [charge] I was convicted on ... I'd be interested to find that out. I'm just a bit dumbfounded at the moment."
Crown prosecutor Deirdre Elsmore handed up Mason's criminal record sheet, which showed no relevant convictions.
"I can understand that verdict and that it implies acceptance of the evidence of the people who were at the scene," Judge Crosbie told the jury.
He said he would normally have dealt with Mason, a 50-year-old musician, "on the hop" in a list court, but the wait for the jury's verdict had gone on until 9.30pm.
He asked for a pre-sentence report, but said he was not considering anything more sinister than the supervision and anger management.
Mason's lawyer, Elizabeth Bulger, said she might seek a discharge without conviction, and Judge Crosbie agreed not to enter the conviction on his record in the meantime.
"I am asking for a report out of an abundance of caution and out of respect for your children, more than anything else," the judge said.




