Bennison: Fist used, not glass

Richard Bennison outside the Rotorua Courthouse. Photo / Stephen Parker.

A Rotorua funeral director admits punching a bar manager but says he did not smash a beer glass in the man's face, the Rotorua District Court has heard.

Richard John Bennison, 51, is on trial after pleading not guilty to a charge of assaulting bar manager Raymond Sayed on September 14, 2006 using a beer glass as a weapon.

Bennison says he punched Mr Sayed with his fist in self defence.

Rotorua Crown prosecutor Chris Macklin said Bennison had been at the Mitchell Downs Tavern and was talking to bar manager Mr Sayed in the garden bar some time after 10.30pm.

There was a dispute between the pair and Mr Sayed went inside the bar and wrote out a trespass notice which he gave to Bennison.

Bennison screwed up the notice and threw it at Mr Sayed who subsequently told Bennison to leave the bar.

Bennison reacted by picking up a beer glass and smashing it in Mr Sayed's face, cutting his lips. He was bleeding so much one of the bar staff almost fainted, Mr Macklin said.

Bennison left and police were called.

Mr Macklin said Bennison was not acting in self defence and the force he used was excessive.

Bennison's lawyer, Bill Lawson, said there was a background between the two men and Mr Sayed had "a beef" with Bennison.

The jury needed to look at who started the fight, Mr Lawson said.

"Look at the proof of the injuries because Mr Bennison says there was a fight and it was during the course of that instantaneous reaction when his [Bennison's] fist hit Mr Sayed. That's quite a different thing to how the Crown has pitched it."

Mr Lawson said Bennison was defending himself.

Judge Chris McGuire is presiding over the trial before a jury of 10 women and two men. The trial is expected to finish today.

- THE DAILY POST