Jurors delivered a majority verdict of guilty against a Dargaville man charged with a vicious assault on a police officer who was kicked in the head while helping a colleague quell disorder on Christmas Day.
It took the jury four-and-a-half hours to return the verdict in the Whangarei District Courtlast week on Joshua Mohetaue, 30, on one charge of injuring with intent to injure.
He was found guilty of assaulting Constable Graham Gallaghan by repeatedly kicking him in the head, then jumping on his head on Tirirau Rd, Dargaville, on Christmas Day in 2013.
Mr Gallaghan and Constable Ewen Cumming were assaulted after the latter went to attend reports of two men yelling obscenities, knocking over letter boxes, punching metal poles and concrete walls. Mohetaue initially pleaded not guilty on one charge of aggravated assault and another of injuring with intent.
On Thursday last week, he pleaded guilty to the charge of aggravated assault.
In his summing up on Friday, Judge John McDonald told the jury to reach an unanimous verdict although a majority verdict was permissible in certain cases. Three key witnesses in the trial are members of the Exclusive Brethren church, he said, but the jury should not approach their task based on one's faith and disregard the witnesses' evidence because they belong to a different faith.
Judge McDonald said the jury should not think just because Mohetaue pleaded guilty to one charge that he was guilty on the other charge as well.
Crown prosecutor Kevin Patterson told the jury in his summing up Mohetaue was the principal instigator of the attack on Mr Gallaghan, who was kicked, punched and jumped on.
He questioned the defence argument that Mohetaue, after tackling the constable and chasing him, walked away as the officer was on the ground before returning to cradle him.
Judge McDonald said the main issue was whether the Crown had proved beyond reasonable doubt Mohetaue assaulted Mr Gallaghan.
Defence lawyer Chris Muston told the jury although his client was aggressive, he was smiling but concerned about what was going on at the time.
It was an emotionally-charged situation and since Mohetaue was the only person with a distinctive mohawk hair, he said all the blame for the attack on the officer was heaped on him, Mr Muston said.
Mohetaue has been remanded in custody for sentencing on May 4.
