Jonathan Fidow appeared in the New Plymouth District Court on a charge relating to assaulting an opponent after a premier rugby match.
Jonathan Fidow appeared in the New Plymouth District Court on a charge relating to assaulting an opponent after a premier rugby match.
A premier rugby player struck by an opponent as the teams lined up for post-match handshakes has been accused of making “monkey noises” and other racist taunts while on the field.
Coastal Rugby’s Matthew Picard allegedly asked Spotswood United‘s Jonathan Fidow, “Do you like that you black c***?” afterFidow was tackled during the “emotional and close” game on June 8 last year.
Fidow claimed he then gave Picard a “quick slap” while the Taranaki club rivals lined up after the final whistle blew on the New Plymouth match.
But Picard, who denied the racist abuse, said he was punched, and witnesses have recalled hearing a “crack” and seeing him fall to the ground.
Jonathan Fidow appeared in the New Plymouth District Court on a charge relating to assaulting an opponent after a premier rugby match.
Today, at the 26-year-old’s judge-alone trial in the New Plymouth District Court, defence lawyer Julian Hannam said Fidow had not intended to injure Picard, and disputed he was injured at all.
Hannam said that had Fidow been charged with the lesser common assault, he would have pleaded guilty.
Fidow, who gave evidence, acknowledged that his claimed slap should not have happened.
He alleged Picard had punched him during the game, causing him a black eye, and subjected him to racial abuse.
“I let my emotions get the better of me,” he told Judge Tony Greig.
Fidow claimed Picard had made “monkey noises” at him during a tackle and while in a ruck, and made the alleged racial slur after he was tackled.
His evidence was that he slapped Picard during the line-up and said, “That’s for being a racist c*** and for hitting me”, and then walked to the changing rooms.
Jonathan Fidow with his lawyer, Julian Hannam, in the New Plymouth District Court.
He claimed Picard fell to his knee, cried and grabbed his face.
Police prosecutor Lewis Sutton put to Fidow that he was trying to minimise the assault, and described it as a “bone-crunching punch”.
Sutton also suggested there was no race-baiting because it did not feature in the following rugby disciplinary proceedings.
Fidow maintained it was a slap and that Picard had racially abused him.
‘Normal game-play carry on’
Picard, who also gave evidence, vehemently denied the accusation.
He said there had been a few “tussles, just ruck game stuff, normal game-play carry on” during the match.
“He [Fidow] ran the ball at me, I slipped, and my elbow connected with his face, and that was all it really came to in the game,” Picard told the judge.
Picard claimed Fidow responded with “I’m going to hit you”.
The trial was held in the New Plymouth District Court.
He said he did not think much of it, but said that after the game, Fidow was “staring” at him.
“Then we line up to shake hands ... went up to shake his hand and, yeah, got punched.”
Picard said he fell to the ground and woke up shortly after. He felt dizzy and heard voices around him.
Hannam suggested he was merely dazed, but Picard maintained he was unconscious.
Two Coastal players gave evidence that they had not heard racial abuse on the field that day, and that Picard had “dropped” and was “limp” after a punch by Fidow.
A Spotswood player told the court he had heard a “slap” and that there was race-baiting happening during the game.
He also said Picard had not fallen to the ground.
‘Crack or a bang’
Physiotherapist Grace Crowley told the court that she heard a “crack or a bang” and then spotted Picard on the ground unresponsive.
In her immediate assessment, he did not respond to her cues, but quickly returned to consciousness.
He was clutching his head and rolling around, she said.
Dr Jennifer Lim examined Picard at Taranaki Base Hospital and said he did not suffer any external injuries.
She said the results of a CT scan, a Glasgow Coma score and a neurological exam were all normal.
Lim diagnosed Picard with a mild concussion based on the reports that he had lost consciousness and due to his initial failing of a test for post-traumatic amnesia.
Hannam suggested there could have been other reasons for his failing the test, in which he struggled to recall one of three pictures on his first attempt, and that he could have lied about losing consciousness.
‘These things happen’
After considering all of the evidence, Judge Greig found there was overwhelming evidence to prove Fidow punched Picard, rather than slapped him.
Judge Greig said the injuring with intent charge had not been proven, but the lesser charge of common assault had.
He convicted Fidow and fined him $300.
The judge ended the trial with a nod to his own rugby-playing days and the scuffles that can occur on the field.
“These things happen,” he said. “I’ve played from the age of 10 to 40 myself, and I’ve taken them and I’ve given them.”
The difference in this case, he pointed out, was that it happened after the whistle had blown.
Tara Shaskey joined NZME in 2022 and is currently an assistant editor and reporter for the Open Justice team. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.
