Chester Borrows on trial: Judge to rule

The lawyer for Whanganui MP Chester Borrows has asked a judge to dismiss the careless driving causing injury charge against him.

Mr Borrows' trial began in the Whanganui District Court Monday after he pleaded not guilty to the charge following an incident where he allegedly drove over the foot of a protester.

The incident occurred as he was leaving a breakfast at the Collegiate Motor Inn in Whanganui's Liverpool Street with Minister Paula Bennett on March 22, 2016.

Judge Stephanie Edwards will make her decision on the application dismiss the charge this morning.

In Monday's evidence, protester Tracey Treadwell, who suffered soft tissue damage and a grazed knee in the incident, told the court the group's intention was to get their signs and message seen by Borrows and Ms Bennett.

Tracey Treadwell Photo/Stuart Munro

Her and others were protesting against the planned Trans-Pacific Partnership agreement which the National Government was pushing ahead with.

She said the group moved towards the motor inn's driveway when they saw Borrows' vehicle about to leave the property.

"We had the placards and we just moved in formation to the footpath area at the end of the driveway," Ms Treadwell said.

"The police didn't at any time say this wasn't allowed or to move.

"The car just came down the driveway. We were expecting it to stop, in which case we were expecting the police to ask us to move ... however, the car didn't stop."

Ms Treadwell was at the right-hand side of the vehicle and described the car's movement as "slow but steady". Ms Treadwell said she was struck by the vehicle as a police officer pulled her away.

"I think I squealed rather loudly. He just grabbed and pulled me to safety. It wasn't an unusual use of force."

Ms Treadwell described the injury as "very" painful.

Borrows' lawyer Nathan Bourke said a police officer had seen Ms Treadwell moving back towards the vehicle and that her acknowledgement that she was in shock meant her recollection of events might differ.

"Don't you think that the person in shock would be more likely to make a mistake than the experienced police officer?"

Another of the protsters, Denise Lockett, described being at the front of the vehicle as "horror flooded all the way through me".

"I thought, 'You're going under, girl'," she told the court.

The witnesses said the vehicle never stopped - Ms Lockett saying it sped up - but police officers present said it did pause, at least briefly.

Police officer Robert Parsons arrived at the protest at 7.52am and described it as "pretty peaceful".

"There was one lady there, she was pretty vocal - just yelling nonsense really towards the Collegiate Motor Inn," he said.

Video of the protest taken by the Wanganui Chronicle.

"Three protesters stepped in front of the car and they weren't moving.

"The car did hit one or both of those ladies - not hard. The lady that I had dragged off to the side I remember her moving back towards the car and I thought she had walked into the left hand panel."

Mr Parsons thought Borrows car stopped "briefly for about one or two seconds", and said it was moving "at idling pace".

The court heard about a Facebook post with a photo of a sex toy labelled "Paula B" and image of Paula Bennett captioned "See you soon b****". This post alerted Borrows to the planned protest. He then contacted police to raise concerns for the safety of Ms Bennett, and three officers attended.

Mr Bourke said some members of the protest group were acting obscenely, and he described the Facebook post of one of the group, Phil Reweti, as vulgar.

"You chose to link a photo about Minister Bennett being told a bit of sexual violence didn't hurt anyone and your addition to that was the text 'See you soon b****'.

"You've said you protest for a number of causes. Do I take it that women's rights are not one of those?"

Mr Reweti said he was unsure whether he had the dildo on hand at the time Borrows car drove past.

"The police had told me not to show it or anything, otherwise I'd be arrested," he said.

Chester Borrows arrives at Whanganui District Court yesterday morning. Photo/Stuart Munro

In a statement to police following the incident - read to the court by Detective Senior Sergeant Neil Furlong - Borrows said he braked when approaching the protesters then allowed his car to move forward under automatic drive, padding the brakes.

"I was prepared to stop and was confident I could stop if something came to my attention."

In his application to have the charge dismissed, Mr Bourke said Borrows was entitled to "extract himself from a situation such as this". He said "a large part of the facts are not in dispute and the evidence of the three police officers is consistent and unchallenged".

"The officers on the ground did not determine any fault on the part of Mr Borrows."

Mr Borrows and Ms Bennett are expected to give evidence on Tuesday if the case is not dismissed.