Rugby player denies assault on woman

Chiefs rugby hooker Paul Mitchell allegedly grabbed a woman from behind by her ponytail and kissed her by forcing his tongue into the mouth, the Hamilton District Court was told.

Mitchell, aged 34, denies the charges of male assaults female and indecent assault.

Giving evidence at Mitchell's hearing before Judge James Rota yesterday, the 22-year-old woman said she and an acquaintance were talking to former All Black and Chiefs halfback Rhys Duggan in The Bank bar and brasserie in Hamilton on a Friday night last November when Mitchell grabbed her from behind.

"When he pulled my hair back, I opened my mouth out of shock and that is when he did it ... His eyes were open and he was looking at me."

She said she pushed him away as soon as she could and the incident was over in a matter of seconds as Mitchell "just smiled and walked away."

The complainant said she swore at him and threw some of her drink on him, before storming out of the pub to find her partner and tell him what happened.

She had never met or spoken to Mitchell before. At the time she had "no idea who he was."

When asked by prosecuting Sergeant Paul Gaines how the incident had affected her, she broke down as she said: "Traumatically ... I've had to drop out of some of my courses. I've had to take time off work. This is not something I would wish on anyone."

The woman with her that night, Jody Whittington, said she first noticed Mitchell at The Bank because he was slumped against the wall and was older and intoxicated.

She described how immediately after the incident, the complainant asked Mr Duggan if he was going to do anything, but he looked down to the ground as if to say "nothing."

Ms Whittington said the complainant then slapped Mr Duggan, burst into tears, and ran outside.

Police were called in after an incident outside a nearby nightclub, the Outback Inn, involving the complainant's partner and Mitchell.

Constable Terri-Ann Sole said that when she arrived, Mitchell was extremely intoxicated, swaying and slurring his speech. He told her he had no recollection of being in The Bank.

She said he was accompanied by Mr Duggan to the station, where he phoned his wife and lawyer. At one stage, he appeared to be in shock. Tears ran down his face.

Mitchell told the court he and Mr Duggan went into town with other Waikato players after a social event.

"I did not do what I am charged with. They have mistaken me for another person. I honestly think they have made a mistake."

He said he could not remember the two girls talking to Mr Duggan. The first time he had seen them was in the court.

He also denied any knowledge of the events they said had occurred or seeing anything like it during the night.

This was supported by some of the teammates who were with him that night and who appeared before the court at the request of his lawyer, Sam Laubscher.

Mr Duggan said he had been talking to the complainant off and on for about 40 minutes before the alleged incident, but he did not recollect anything like what was described. Asked if he had been slapped that night, he replied: "Who, me?"

Deon Muir, the Waikato captain, gave evidence for the defence that he was the one whom bouncers in The Bank would have come to if any of the players had got out of hand, but that had not happened on this night.

David Dillon, who was driving and not drinking that night, also said he had not noticed any of the described events.

Judge Rota reserved his decision until next month.