A Queenstown bar manager has been lambasted for making a woman he urinated on feel “worthless and humiliated”.
Scott Andrew Mickan (30) admitted wilfully committing an offensive act at downtown Queenstown’s Altitude Bar on December 26.
In his 40 years as a lawyer, judge and resident, in Queenstown, Invercargill and Dunedin, Judge Kevin Phillips said he had “never seen anybody urinate on anyone _ ever”.
“It’s just appalling. I find this behaviour entirely disgusting, reprehensible and totally inexcusable.”
Prosecuting sergeant Ian Collin said Mickan and the victim had met each other prior to the incident through a mutual acquaintance.
At 3.25am on December 26 Mickan was at the Shotover St bar with others and was moderately intoxicated.
The victim was in the bar and went to talk to Mickan who was “dismissive” and walked away from the woman, before returning a short time later.
He approached the woman and “went to shake her hand”.` `As she reached out he lifted the bottom of his shirt, exposing his penis,” Sgt Collin says.
The victim walked away from Mickan, but he followed her, with his penis still exposed, and as she was talking to someone else he “urinated on the back of her leg”.
Mickan left the bar and was followed by the victim who confronted him about the incident.
Police passing the area witnessed the confrontation and intervened.
Sgt Collin says Mickan initially denied any wrong doing and stated he had been in a relationship with the victim and she had “lost the plot” at him.
Mickan later said he had “done something stupid” and exposed himself and then said he’d had too much to drink and couldn’t recall what happened.
Duty solicitor Mike Newell said it was a “drunken stupid act”, however, Judge Phillips didn’t accept that.
“It’s had a huge impact on this woman who he peed on.”
Following an adjournment, Newell submitted there was no need for a psychological report as it was “drunken madness on his part, not mental illness”.
Judge Phillips inquired if Mickan was still employed as a bar manager and Mr Newell confirmed he was.
“I find that unbelievable,” Judge Phillips responded.
Judge Phillips says the victim was a visitor to New Zealand and had planned to study here because she believed it to be a “safe” place.
“She was here and she had that feeling she was safe. As a result of what you did, she [says] she has never felt more helpless, worthless and humiliated.
“She was dismissed, disregarded and disrespected. `The less said about this the better.”
Mickan was sentenced to 200 hours’ community work and ordered to pay
$1000 emotional harm reparation _ $500 to be paid immediately and the balance to be paid by April 30.
Grabbed buttocks at Gibbston gig
A man accused of groping two women at the recent Gibbston summer concert has been sentenced to community work.
Kevin Aubrey Madden, 43, driver, of Cromwell, had initially been facing two counts of indecent assault.
However, the charges were today (Monday) amended in Queenstown District Court to committing indecent acts at Gibbston on February 23.
Prosecuting Sergeant Ian Collin said Madden was at the open air music concert at Gibbston, with about 17,000 other people.
Madden was intoxicated and was in an area about 30m in front of the main stage where there was a large number of people.
About 2.30pm Madden approached a group of female patrons, knelt down and kissed a woman – unknown to him – on the face while grabbing her buttocks.
Before she could react he left the area.
An hour later, at 3.30pm, Madden returned to the area, lay on the ground on his side near the same group of women.
He reached out and grabbed the second victim’s buttocks on three occasions, each time he was told to leave her alone.
The third time the incident was witnessed by police.
When spoken to Madden admitted the facts but was unable to offer an explanation.
Defence counsel Phena Byrne said the facts spoke for themselves and the defendant was “obviously at a high level of intoxication”.
Madden recalled being arrested, but recalled little else and was “totally at a loss” to explain how the matters had occurred.
“He’s never done anything like this before . . . he was there with a group of friends, he had consumed alcohol before and during.
“He became separated from [the group].”
Madden had several previous convictions, all alcohol related.
“He’s thoroughly ashamed of his actions and quite embarrassed to be standing here today facing these charges and pleading guilty.”
Judge Kevin Phillips said it was “drunken, abusive, arrogant behaviour” and Madden was the only person he had dealt with who had caused any problems.
“You offended in a way where you acted towards two innocent females, who had no knowledge of you at all, by grabbing their buttocks.
“Ms Byrne has pursuaded police to bring the charge to an indecent act level from a maximum of seven years imprisonment . . . to one of two years.
“I don’t understand why that has happened, but it has.
“You need some alcohol counselling . . . you know you have a problem with alcohol [and] you keep drinking.
“You need to take ownership of your own problems, see a counsellor and stop drinking.”
On each charge Madden was sentenced to 200 hours’ community work, to be served simultaneously, and ordered to pay $600 emotional harm reparation to each woman, to have been paid no later than 4pm today (Monday).
A Czech security officer has been sentenced to community work for assault in Queenstown.
Martin Spurny, 28, was sentenced to 75 hours’ community work for assaulting Mark John Willis on February 27 at Queenstown.
Spurny was also ordered to pay $300 emotional harm reparation to Willis by Judge Kevin Phillips in Queenstown District Court today (Monday).
Sergeant Ian Collin said Spurny and Willis shared a flat together along with one other person, but there had been several arguments in the weeks prior to the incident regarding the “cleanliness of the premises”.
At 3.30am on February 27, Spurny was at the address and was intoxicated.
Willis returned to the address to find the defendant had locked both doors to the property “despite a flat agreement to leave one unlocked door”.
The victim forced his way into the property and was met by Spurny who was questioned about both doors being locked.
“The victim entered his bedroom to find the defendant had placed dirty dishes on the bed.
“He picked them up and carried them to the defendant’s bedroom.”
Willis put the dishes on the floor of Spurny’s room, with a physical altercation ensuing.
Sergeant Collin said Spurny grabbed Willis by the shirt, between the shoulder blades, and walked him into the lounge area.
“He tripped him and caused him to fall to the ground, rolled him on to the back and then punched him to the head once.”
Willis managed to escape and called police.
Newell says Spurny accepted he placed the dirty dishes in Willis’ room, but denied tripping him.
Following the incident Spurny, who had been employed at and sponsored by SkyCity Casino, had lost his job, had moved from the flat and was no longer in contact with the victim or the other flatmate.
Judge Phillips said the incident had “all of the overtones of domestic violence”.
“I don’t know whether this matter has come to the attention of immigration, but no doubt it will.”
The emotional harm payment was to have been paid by 4pm yesterday (Monday).
‘Ill treatment of a kitten’
Kaleb Jeremy Hunter, 32, maintenance worker, of Queenstown will be sentenced on May 6 after admitting assault, trespass, ill-treatment of a kitten and theft, stemming from two separate incidents in January and March.
Sergeant Collin said at 3am on January 30 Hunter arrived at an address on Frankton Rd where one of his victims was drinking with others.
“At 7.15am Hunter picked up the victim’s one-month-old kitten and attempted to strangle it.
“He was squeezing its neck so hard its eyes were bulging.”
The victim became upset and managed to convince Hunter to let the kitten go and asked Hunter to leave, pushing him out the door and attempting to hold it closed.
Hunter became angry and tried to force his way back into the property, with the victim’s flatmates then coming to his aid.
He was repeatedly told to leave before he was physically removed from the property.
Once outside Hunter appeared to calm down before “firing up again” and punched the victim in the face, causing his glasses to fall off.
When spoken to by police Hunter admitted trying to kill the kitten because it was “feral”.
On March 7 Hunter entered Wanaka New World and placed a backpack in his shopping trolley, walked around the supermarket and collected items, several of which he placed in his backpack.
He then paid for the items in his trolley, but did not pay for the items in his backpack _ tuna, chocolate and milk powder.
When confronted by store security he said he didn’t have enough money to pay for the items.
Judge Phillips ordered a pre-sentence report to address drugs and alcohol and an appendix to address an electronically-monitored sentence.
Hunter was remanded in custody until May 6, or until such time as a suitable bail address can be found.
Breach of parenting order
A Queenstown woman has admitted failing to return to New Zealand with a child, in breach of a parenting order.
The woman will be sentenced on April 8 after admitting one charge of contravening a parenting order on January 26, laid under the Care of Children Act 2004.
The woman, with interim name suppression, admitted contravening the parenting order with respect to travel arrangements for the child, in that she did not return the child to New Zealand.
The child remains overseas.
Defence counsel John Westgate, of Dunedin, told Queenstown District Court today (Monday) it was an “unusual situation” but there was a background to the incident, which related to health care for the child.
Westgate sought for his client to be released on bail to travel overseas and return the child, however, Judge Kevin Phillips refused.
Phillips ordered a third party return the child to New Zealand by April 8, in time for the woman’s sentencing.
Geoffrey Dupont, 24, fruit picker, of France, was fined $750 and $132.89 court costs after admitting drink-driving with a breath alcohol level of 746mcg at Stanley Street on March 8.
Judge Phillips ordered the fines and costs to be paid in full immediately, or they would be substituted for 30 days’ imprisonment.
Sergeant Collin said police stopped Dupont’s vehicle at 10pm on Stanley St after it was seen weaving within its lane and not paying attention to pedestrians in the area.
Dupont told police he had consumed 10 beers at Moke Lake before driving.
Judge Kevin Phillips said he believed Dupont would have been incapable of having proper control of the vehicle.
“You are a guest in our country and you have the arrogance and the temerity to consume a large amount of alcohol [and drive].
“You were driving this vehicle in Stanley St, weaving in your lane, placing nearby pedestrians at risk.
“You had an alarmingly high breath alcohol reading. It’s alarming to think that you were driving a vehicle from Moke Lake to Stanley St in Queenstown in that condition.’
Dupont was also disqualified for nine months.
In other drink-driving cases the following were sentenced:
Nicholas Pearse Clifton, 18, chef, of England, 583mcg, Edinburgh Dr, March 17, Queenstown, fined $575, court costs $132.89, disqualified six months.
Shona Mary Buckner, 50, teacher, of Arrowtown, 595mcg, Kent St, March 7 fined $600, court costs $132.89, disqualified six months.
Craig Stewart Watt, 27, mechanic, of the United Kingdom, 709mcg, Lake Esplanade, March 14, fined $700, court costs $132.89, disqualified six months.
Guillem Carnero Ribera, 34, musician, of Queenstown, 637mcg, Lake Esplanade, February 25, fined $630, court costs $132.89, disqualified six months.
Quinn Ryan Drake, 19, driver, of Queenstown, 209mcg, December 8, at Queenstown, fined $200, court costs $132.89, disqualified three months.
Matthew Ryan Voigt, 20, of Queenstown, driving while impaired, Hallenstein St, December 20, 50 hours’ community work, $132.89 court costs, disqualified six months, $125.35 medical expenses, $670 analyst fees.
Rachel Elizabeth Holmes-Libbis, 23, chef, of Glenorchy, cultivated cannabis on February 8 at Queenstown.
Holmes was sentenced to 180 hours community work, nine months supervision, with a special condition to undertake drug and alcohol counselling.
James Kumbalek Ailao, 26, kitchenhand, of Queenstown, admitted stealing a bottle of cider, valued at $14.20, from Night’n Day, Queenstown, on December 4. He was ordered to pay reparation of $14.20 and do 150 hours’ community work.
Separately, Ailao admitted stealing wine, valued at $20 from Fresh Choice Queenstown on February 12 – he was ordered to pay $20 reparation and 150 hours’ community work, to be served simultaneously.
Kim Adrienne Te Atia Matthews, 45, food industry worker, of Queenstown, admitting stealing an iPhone and cash valued at $700. Her sentence has been deferred six months.
Thomas Lewendon, 26, of the United Kingdom, admitted stealing CDs and DVDs valued at $100, from The Warehouse, Dunedin, on February 1. He was sentenced to 40 hours community work plus ordered to pay $100 reparation. Separately, Lewendon stole grocery items valued at less than $100, property of Fresh Choice, Queenstown on February 4 – he was sentenced to 40 hours community work, to be served concurrently plus ordered to pay $100 reparation.
Daniel James Parker, 21, machine operator, of Cromwell, was found without reasonable excuse in Queenstown watering hole Bardeaux last Friday. He was fined $300 and court costs of $132.89.
Carn Riki Fraser Parata, 22, plumber, of Australia, was found without reasonable excuse on a building, at Eureka Arcade, Queenstown last Friday and fined $300 plus court costs of $132.89.