Kelt discharged without conviction over assault

Hastings merchant banker Sam Kelt said it was a "weight off our mind" to have been discharged without conviction on an assault charge yesterday.
"Discharge without conviction - can't get any better than that," he said.
But in making his judgment, Judge Bernard Kendall found the allegations proven.
He rejected Mr Kelt's explanation for events as "fanciful", adding that he was certain events had been "reconstructed".
The assault was too minor, however, to warrant a conviction.
Mr Kelt, 46, faced a charge of common assault on the Diva Bistro and Bar's duty manager, Daniel Spiers, who asked him to leave the Havelock North premises about 10.30pm on December 18 last year. A charge of wilful trespass was withdrawn.
The Hastings District Court heard yesterday during a three-hour hearing that Mr Spiers had not laid a complaint against Mr Kelt for fear of alienating the "affluent" clientele of the bar.
Mr Kelt had been at Cape Kidnappers Lodge for a company Christmas luncheon before arriving at Diva about 6pm.
Mr Spiers told the court he walked towards an "altercation" at one end of the bar where Mr Kelt's wife, Belinda, also known as Bird, had pushed Kelt Capital commercial executive Kerryn Jones to the ground. He asked Mrs Kelt to leave, but Mr Kelt grabbed him by the arm, then by the collar of his T-shirt.
A doorman, Joshua George then removed Mr Kelt's arm before Mr Spiers asked him to leave the bar three times and told him he was trespassing.
In giving evidence, Mr George said that as he led Mr Kelt out the businessman was "aggressive" and told him: "If anybody touches me I am going to bash him."
A police constable told the court he arrested Mr Kelt for trespassing and observed that he was drunk.
Mr Kelt said he did not grab Mr Spiers by the collar, but pushed him on the chest because he had seen Ms Jones being assaulted by a Diva staff member. That staff member, who was not subpoenaed by Mr Kelt to give evidence, had "physically restrained her" and he wanted to go to her assistance.
He admitted he had been drinking alcohol but his consumption was "moderate" as he had sustained a brain injury in July 2006 and doctors had warned him not to drink to excess.
After Ms Jones was released from the grip of the staff member he left the premises, escorted by Mr George.
Police prosecutor Nigel Wolland questioned why Mr Kelt had not raised this explanation earlier as it was evidence to exonerate him.
Mr Kelt said he had tried repeatedly but been blocked by police from giving a statement.
Mr Wolland also asked Mr Kelt during the hearing if he remembered talking to Diva owner Barbara Beach on December 30 about withdrawing the charges.
Mr Kelt replied "absolutely not" and that he had seen Mrs Beach to ask her why he was considered a trespasser.
Judge Kendall rejected his explanation for the assault and called it "fanciful".
The evidence of Mr George corroborated that of Mr Spiers, he said.
Judge Kendall said Mr Spiers could not have inferred from Mr Kelt's behaviour that his intention was to protect Ms Jones because he had not communicated that intention to him.
"In the circumstances I am unable to accept that Mr Kelt was acting in defence of another ... and I find the charge proved."
At the completion of the hearing Mr Kelt told Hawke's Bay Today he would continue to go to Diva bar.