Staff involved in a scuffle outside a Rotorua supermarket unlawfully grabbed a bag from
a suspected woman shoplifter, the District Court has been told.
However, police say the reactions of the woman, Eve Margaret Campbell, 50, unemployed, and her pregnant daughter Cherylly Juanita Campbell, aka Tapsell, 30, during the scuffle at Countdown on Fenton St were disproportion ate and unreasonable.
The two appeared before Judge Phillip Cooper for a defended hearing yesterday after pleading not guilty to charges they faced.
Cherylly Campbell was charged with assaulting Eric Alexander and Jimmy Thekkakara with a handbag and assaulting Mr Alexander. Eve Campbell was charged with assaulting Mr Alexander with a shopping bag.
After a day-long hearing yester day Judge Cooper reserved his decision.
Police prosecutor Sergeant Richard van Aren Donk told the court the Campbells were at the supermarket about 10pm on January 4. A sign at the entrance states staff have the right to ask to search customers' bags.
After Cherylly Campbell went through the checkouts management asked if they could search her bag and she obliged. The search followed reports of suspected shoplifting.
When staff asked Eve Campbell if they could search her bag she said no, pointing out the security
system had not activated.
The court was told there was no shoplifting involved in the incident.
Staff member Rosalie Smith grabbed the bag, as did Mr Alexander and a tug of war ensued.
Cherylly Campbell kicked Mr Alexander, then swung a handbag, striking Mr Thekkakara and then Mr Alexander. Eve Campbell swung a shopping bag which struck Mr Alexander. Mr van Aren Donk said police conceded supermarket staff had no right to grab the bag.
``They were misguided in their attempt to stop a suspected shoplifting.''
Mr van Aren Donk said the women's actions were disproportionate and unreasonable.
Mr Alexander, Mr Thekkarra, Rosalie Smith and another staff member, Yvonne Thomson, gave evidence for the police. Ms Smith and Mr Alexander said they didn't know at the time that what they were doing was incorrect but knew now after receiving training.
Mr Alexander, who was duty manager that night, said he was kicked in the groin area and recalled being hit, being cut near his eye and his glasses being knocked off.
Cross-examined by defence lawyer Alaistair Burns, Mr Alex ander said he was unaware Cherylly Campbell was pregnant at the time and he denied lunging at her.
Mr Thekkakara said he told Ms Smith and Mr Alexander to leave it and was ``absolutely stunned'' when he was struck by the shopping bag.
Both the Campbells gave evidence in their defence. Cherylly Campbell said she tried to tell them to leave her mother alone.
``I started telling them I was going to hurt them. Then I started to strike . . . I was thinking that [Mr] Alexander was a real idiot.''
Cherylly Campbell said she felt threatened, was acting in defence of herself and her mother and had not intended to hit Mr Thekkakara, who had known the Campbells before this incident.
``He got in the road,'' she said.
Eve Campbell said she was frightened for her daughter's unborn child and believed her actions were reasonable.
A video of the incident which went viral on Youtube was played to the court several times yesterday.
Countdown incident: Women 'overreacted'
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