The 32-year-old appeared in the Hamilton District Court on Friday, pushing for a Section 106 discharge without conviction in fear of it harming his ability to run his chartered accountancy business in Morrinsville.
He also wanted permanent name suppression to protect his business and reputation within the small Waikato community, but Judge Noel Cocurullo wasn’t sure he met the high threshold.
‘It couldn’t be said he was retreating’
It was about 11pm when the respective groups were in the bar.
The victim was there with his rugby teammates, while Singh was there with his friends celebrating his stag do.
After Singh smashed the glass over the victim’s head, groups of the respective friends began pushing each other on the dance floor before they were separated by security, and one group was removed.
Ten minutes later, a large brawl broke out on Searle Lane outside the bar.
Singh left the scene and was unable to be found, while the victim was taken to hospital by ambulance. He received a cut to the head, which required staples.
When questioned by police, Singh said he was the one who got bottled and that he was the victim at the time.
The judge also watched high-definition CCTV footage from the fight outside the bar, in which Singh was also involved.
“It could not be said, in any way, that you were retreating and did not want anything to do with it,” the judge said.
He also noted the brawl outside the pub got out of control and was “a little concerned that security were not better able to control the situation”.
“I didn’t see any real leadership role from them.”
‘It was impulsive and fleeting’
Defence counsel Megan Waller said the footage was provided to show the victim was kicked in the head by another person. Before the victim went outside, he wasn’t bleeding, but after that kick he was, she said.
She submitted the gravity of the offending was low.
“Mr Singh’s offending was impulsive and fleeting in response to being struck in the head by either the victim or the victim’s group.
“He accepts the glass was in his hand at the time he struck the victim, however, he didn’t appreciate at the time the glass was in his hand.
“Nevertheless ... he is deeply remorseful for the harm suffered.”
However, she said the causation of the victim’s injury should be looked at as he was also kicked in the head during the fight outside the bar afterwards.
“As can be seen in the CCTV footage, he’s subsequently been kicked in the head on the ground. So that may have contributed to his injury.”
But Judge Cocurullo wasn’t buying it.
“I don’t see anything in that relevant to the application. I might be missing something.
“Of what I saw of the video, your client was no shrinking violet outside the nightclub, either.
“He was into it.”
Waller added a conviction would pose a risk Singh’s professional accreditation as a chartered accountant and adversely impact his business and professional reputation, as well as his professional indemnity insurance.
The judge agreed the most significant part of the 106’s application was the risk to Singh’s practising certificate and indemnity insurance.
“Okay, it’s out of character, he’s got no previous convictions, he’s done all he can to put this right.
“The bottom line is, this was stupid behaviour, and it was because they were out drinking.
“It was a stag do and it all got out of hand.
“You whack somebody in the head with a bottle and something’s going to happen.”
However, he said it “would be sad to think that one quite silly piece of behaviour” would result in the “decay” of his business.
Singh had also offered $500 in emotional harm reparation, but the judge ordered $2000 to be paid.
As for name suppression, Judge Cocurullo told Waller her client wasn’t “within a bull’s roar” of that being successful and declined it, but agreed to discharge Singh without conviction.
“This was a one-off, completely unrelated to any issues of credibility for you ... or your honesty or reliability ... as a chartered accountant in your community.”
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.
