Bouncers have the same right as anyone else to defend themselves when under attack. Photo / Herald on Sunday
Bouncer Jonathon Te Kahu had no formal security training when he dealt with a drunk outside a Napier nightclub by punching him five times in the head and kicking him as he lay on the ground.
Te Kahu had refused entry to the intoxicated man, James Scia Scia,
who responded that he was going to "smash" the bouncer.
Their altercation erupted into a fight, with Te Kahu admitting the punches and kicking. Scia Scia, 30, never regained consciousness.
During Te Kahu's trial for murder last year, his lack of training was highlighted but his lawyer said that, as a doorman, he had the same right as anyone else to use force and self defence when Mr Scia Scia came at him, swinging punches.
Te Kahu was acquitted of murder and manslaughter.
A similar case was played out a few months later.
Blenheim bouncers James Neal and Malaki Mulitalo were charged with manslaughter following the death of Cedric Joyce, 36, outside the Copper Bock bar in July 2005.
Joyce had been removed from the bar and both doormen restrained the drunk and aggressive patron after he attacked Neal.
Joyce was face down and unable to breathe, leading to his death from asphyxiation. The Crown contended that restraining him was not unlawful - but failing to check if he was all right was.
The judge said the jury had to be satisfied that how the bouncers acted was a major departure from how a reasonable bouncer or security person might act.
The trial heard there was no legal requirement for the bouncers to have formal training, but both men had experience in the hospitality industry.
They had also attended a two-day training session with security professionals at the Blenheim police station. Neal and Mulitalo were acquitted.
