Rugby player not guilty

Press, 8 May 1985, Page 8

Rugby player not guilty

PA Auckland Representative rugby player Glenn Rich, was acquitted in the District Court at Auckland on a charge of assaulting a waitress. A jury found Rich, aged 30, not guilty of assaulting Susan Elizabeth Williams on December 14 at the Bar Roma restaurant. Miss Williams had given evidence that about 60 rugby players were booked into the restaurant that evening. Mr M. E. Parker, for the Crown, said it was not disputed that Rich had struck the complainant, leaving her unconscious, during a dispute. What had to be decided, he said, was whether the force used was intentional. Evidence had been given that Rich had gone to the restaurant’s chef, Mr Manuel de Costa, to complain about remarks made about his fiancee. Mr de Costa had picked up a bottle but was pushed to the ground, said Mr Parker. The complainant, he said, moved either from behind or at right angles to Rich, who struck her. Mr Parker said the defence had claimed that

Rich’s action was a reflex and that he had not turned to see who was coming towards him. Rich was not drunk and rugby players had vouched for his control and discipline. It was the Crown’s contention that Rich must have seen the complainant coming towards him unless he had some defect such as tunnel vision. Defence counsel, Mr Patrick Finnigan, said Rich’s action in striking the woman was “no more than a backhander”. At the time she had moved towards him Rich was in a frightening situation confronted by a “crazy man” with a bottle. Rich, he said, saw something in the corner of his eye and reacted normally and naturally in the circumstances. “He still had his eyes on Manuel de Costa because of what could have happened and this woman came at him from the side," Mr Finnigan said. Summing up, Judge Callander said the application of force must be proved intentional for Rich to be found guilty. The jury had also to consider whether he had acted in self-defence.