While the victim now wants to get on with his life, his partner said she and their daughter had been left traumatised by the events of October 9 last year, which left them thinking the man was going to die.
Varu appeared in the Hamilton District Court today for sentencing on a charge of injuring with intent to injure. He was hoping to avoid home detention and keep his job.
‘Come outside and fight’
The court heard that the victim, along with his friend who was also attacked, was at the pub for a pool competition that he would go on to win.
Varu was there with two friends, but they were thrown out because of their behaviour.
Rather than leave, they all hung around and one of them yelled out to the victim’s friend to “come out and fight”.
Judge Tini Clark said that, with the benefit of hindsight, it was probably an unwise decision by the friend to accept the challenge.
Friends, family and partners of those involved went out to the smokers’ area to see what was going on.
As another bar patron was attacked, the main victim then got involved, and the pair took Varu’s friend to the ground.
Varu’s other co-offender pushed the pair off his friend, punching the victim as he did so, causing him to fall to the ground.
The victim stood up, but was punched by the associate again.
Varu then got involved and, while the victim was again on the ground, leaned over and punched him four times on the head.
He then took hold of the victim’s hoodie and kneed him four times in the face.
When the victim’s partner and daughter tried to intervene, Varu kicked out at one of them and “stood over” the other in an act of intimidation.
‘Blood-curdling screams’
The victim’s partner told the court that the first she knew of something happening at the pub was when she heard the “blood-curdling screams” from their teenage daughter.
“[The victim] was helpless. Brendon was just laying into him.
“The hits that Brendon was doing were just brutal. He wasn’t holding back.”
Given that Varu’s friends had already assaulted her partner, she said it “wasn’t a fight, it was an attack”.
“I tried to get Brendon off [him], but I couldn’t stop him. I couldn’t help [the victim].
“I thought he might die.”
Witnessing the attack had left her traumatised, and “destroyed” their family unit.
‘There’s no excuse for his behaviour’
Varu’s counsel, Alvina Tu’Inukuafe, said her client was remorseful, had completed a two-month anger management course through Tuu Oho Mai, and had the support of his employer.
However, he would not be able to keep his job if he were sentenced to home detention, and she urged Judge Clark to consider another option.
The judge pushed back and said there would have to be some electronic monitoring, given the severity of the assault.
She also suggested emotional harm reparation, which Varu agreed to pay within a month.
“He accepts that there’s no excuse for his behaviour,” Tu’Inukuafe said, adding that it was Varu’s first time before the court.
‘Part and parcel of his thuggery’
Varu had said he got involved in the fight because his friend was being beaten up, but Judge Clark dismissed that suggestion.
“What I saw was that both men had fallen to the ground, and that is when Mr Varu came on to the scene.
“I could see no reason for Mr Varu to have taken matters to that extreme.”
She noted that at no time during the attack was Varu contrite.
“Quite the contrary. He seemed fully justified in what he had done.”
Varu appeared as though he was going to someone’s rescue, she said. “He was not.”
Varu was due to move with his family to Australia.
However, he would not be able to do that “for some time”, the judge said.
She took an overall starting point of 30 months’ jail and, after applying various discounts, arrived at an end term of 19 months.
However, given that he had agreed to pay $1000 in reparation, Judge Clark sentenced Varu to six months’ community detention and 12 months’ intensive supervision.
“I accept that, by imposing this sentence, it further delays his move to Australia, but that is part and parcel of his thuggery in attacking [the victim] in the way that he did.”
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.
