He also declined to make reparation orders to the three victims, again citing the provocation and the group’s attack on Fitzgibbon’s partner’s car.
According to the summary of facts, read by Judge Bonnar in court, Fitzgibbon, his partner and a male and female friend were at a Ponsonby bar on June 15, 2024.
While there, he consumed some cocaine, MDMA and four drinks, the judge said.
However, he was breath and impairment tested after the incident and passed both tests.
Before 10.20pm that day, a fight occurred outside the bar Fitzgibbon was at but neither he nor anyone in his group was involved.
According to the summary, they left shortly after and were confronted by several people who had been involved in the earlier confrontation.
There was a physical altercation between the groups and Fitzgibbon and his male friend were punched several times.
Both the women in their group were also attacked.
Fitzgibbon and his male friend got the vehicle and then picked up his girlfriend and female friend on Heke St.
The agreed summary said he then drove down Heke St, towards the other group about 20m away.
That group tried to block the vehicle he was driving and Fitzgibbon then hit three of the group with the car.
After hitting the group his car came to a complete stop on a kerb and the group then caused “extensive damage” to the vehicle.
One of the victims was left with knee pain and cuts, another suffered cuts and bruising and the last victim complained of left hip, knee and ankle pain.
For the sake of completeness, Judge Bonnar said, Fitzgibbon’s partner suffered a fractured nose, plus cuts and bruising to her face and arms. Fitzgibbon also received bruises and abrasions to the face.
One representative charge of assault with intent to injure was subsequently laid against Fitzgibbon by police.
Judge Bonnar said Fitzgibbon had no previous convictions, and a probation officer recorded that he was remorseful and there was a low risk of reoffending.
If a conviction was entered, Fitzgibbon’s employer submitted that he would likely lose his job and struggle to find future employment in the field.
The judge agreed there was a real and appreciable risk Fitzgibbon would lose his job, noting that from his experience in court, background checks were “routinely required” for contractors.
In granting a discharge without conviction, the judge took into account Fitzgibbon’s early guilty plea, youth, his efforts towards rehabilitation and that his group had been assaulted first.
An application for name suppression was denied.
Katie Harris is an Auckland-based journalist who covers issues including sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.
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