A man involved in a Remuera road rage incident grabbed a tyre iron to defend himself from a "taller and heavier" man who was looking for a fight, a judge has ruled.
Following a disputed facts hearing last month, Judge Grant Powell said "at most" Edison Zajmi hit Darren Ellson with "a glancing blow".
Zajmi has admitted a charge of assault with a blunt instrument on July 17, 2015, but the facts had to be agreed before the 39-year-old could be sentenced.
During the March 2, 2017, hearing, Ellson said that after pulling over to the side of the road in Remuera to collect his girlfriend the man in the car behind (Zajmi), started tooting.
The situation escalated with the two cars stopping on the side of the road.
Ellson said Zajmi "went ballistic" with a tyre iron.
But Zajmi said he was protecting himself and his two-year-old son from an "enraged" large man who ran at his car in peak traffic.
Judge Powell ruled Ellson's account was not an accurate version of events.
"Although Mr Ellson is not on trial, I go so far as to conclude that his sustained aggression and frankly inexplicable behaviour was primarily responsible for the physical confrontation that occurred."
Zajmi said at the hearing that the man came over and started yelling that he was a coward and that they should "finish this now".
"I asked him to please just leave this, I've got a hysterical 2-year-old son in the car. He was screaming."
He grabbed a tyre iron because of how much bigger Ellson was and got out to try to talk to him, but he was swung at.
"I do admit hitting him with a tyre iron, but can't remember if it connected or if he dodged it and he fell," Zajmi said during the hearing.
Ellson stumbled into the kerb, which was how he hurt his chin, Zajmi said.
In his ruling, delivered last month, the judge said he was satisfied by the time Ellson got out of his car, Zajmi wasn't looking for a fight and was primarily concerned for son. The businessman showed this by parking quite far away from Ellson.
Ellson was also much "taller and heavier" than Zajmi which would have further added to his desire to avoid confrontation, Judge Powell said.
And while with the benefit of hindsight it would have been better that Zajmi didn't stop, Judge Powell said he accepted given Ellson's erratic "and at the very least inconsiderate driving", stopping was reasonable.
It was "clear" Ellson was "actively seeking a confrontation", Judge Powell said.
"In addition, Mr Zajmi grabbed the tyre iron in order to defend himself rather than because of any aggressive intent towards Mr Ellson".
The judge did not accept Ellson's version of the confrontation.
"I therefore do not accept that Mr Zajmi initiated the assault or that there is sufficient evidence to conclude beyond reasonable doubt that there was in fact any 'sudden barrage of swings of the tyre iron' towards Mr Ellson's head, let alone that Mr Ellson was hit repeatedly."
Instead, the judge concluded it was most likely that having prevented Zajmi from leaving, Ellson attempted to hit the cafe owner but missed.
Zajmi then attempted to hit Ellson with the tyre iron but Judge Powell said it was unclear from the evidence whether it made contact.
"At most I must conclude Mr Ellson was hit with a glancing blow and this may plausibly have caused him to stumble and fall in the manner described by Mr Zajmi and the injury to Mr Ellson's chin was also plausibly caused by that fall."
The judge said there was also insufficient proof Zajmi punched Ellson because the businessman hadn't been cross-examined on it and none of the witnesses there were called to give evidence.
Judge Powell ruled the previous summary of facts did not "in any way accurately reflect what occurred" and set out a new version of events.
Zajmi will be sentenced on the assault charge this month.