A young Masterton man with a petrol sniffing and drinking addiction has been found not guilty of indecent assault, relating to an incident in which a schoolgirl claimed he had groped her.
At Masterton District Court yesterday, prosecuting Sergeant Garry Wilson said that, on March 28, Ben Hawea, 22, had approached a 16-year-old girl in Queen St, Masterton.
He had attempted to kiss her and rubbed his hand over her body.
Giving evidence, the victim described how she had been walking in a group when Hawea ran across the road and approached her.
"He came towards me, he tried to kiss me.
"He said something along the lines of my friend Tupac thinks we should kiss.
"I just pushed him away and said no. He touched my side," she said.
She said the incident was over quickly and she left once she had pushed him away.
"It was a bit of a shock.
"Generally when you are going to approach somebody, you don't just rock right up to somebody and get in their space," she said.
She said Hawea looked like he was high, or under the influence of something.
"He looked like he wasn't in his own mind.
"I could tell by his eyes and just the way he was talking," she said.
Judge Bill Hastings said the evidence shows that there was an assault, "minimal though it was".
"On the basis of this case ... I find that in these circumstances an attempted kiss was not indecent. I also find the brief touching of the waist was not indecent."
In an unrelated incident, Hawea faced a charge of being unlawfully in an enclosed yard, to which he plead guilty.
Mr Wilson said Hawea had gone to an address in Tawa, where he sat on the victim's backyard wall with a petrol can.
Police were called and Hawea was located near the house.
"The defendant appeared to be affected by petrol.
"The defendant has an extensive history of substance abuse and his substance of choice is petrol. He drinks petrol," Mr Wilson said.
Mr Wilson said there has been a "wrap-around" approach towards Hawea.
"To give him some life skills. At the end of the day, this defendant has chosen to continue with his lifestyle," he said.
Judge Hastings said Hawea had been sitting in the victim's backyard drinking petrol from a can.
"To be honest, I didn't even think it was possible to drink petrol," he said.
Hawea said he had been off petrol for three months and was feeling better.
He made a promise to Judge Hastings that he would stay off petrol.
Judge Hastings took into account Hawea's young age and the fact that he has a serious petrol addiction, and convicted and discharged him.
"You've got to help yourself, and if you're feeling better now without the petrol that is a good thing, and it can only get better and better.
"You have made a promise to me," he said.