A man seriously injured after Queenstown bouncer Jonathan Dixon allegedly assaulted him can’t remember it, a court has heard.
During a brief appearance in the witness box today (Monday), victim Jordan Sinke, 27, told Invercargill District Court he had no memory of the incident in Subculture nightclub in January this year.
Sinke, put in an induced coma before a skull flap was removed to reduce brain swelling, could only remember meeting friends earlier in the night.
The keen snowboarder – who is still recovering but has hit the slopes this season - apologised to the court for being unable to remember.
His evidence came just before the lunch break – with Judge Kevin Phillips declaring a mistrial straight after the adjournment, stuff.co.nz reports.
The reason for the mistrial has been suppressed. Dixon, who faces one charge of wounding Sinke with reckless disregard causing grievous bodily harm and one charge of assault on Thomas Beatson, has been remanded on bail till September 20 for a pre-trial callover.
Before today’s trial was aborted, Crown solicitor Mary-Jane Thomas and defence counsel Simon Claver, acting for Dixon, made their opening statements.
Thomas told the court the two victims Sinke and Beatson were with a group of friends having a night out in Queenstown on January 20, this year.
They visited various bars and went to the Subculture nightclub on Church Street.
Dixon was also out with a group of friends and they too, ended up at Subculture, Thomas says.
It was there that Dixon assaulted Sinke, causing him to fall to the concrete floor, she alleges.
Sinke cracked his head on the ground, fracturing his skull and causing haemorrhaging in his brain.
While Mr Sinke lay unconscious on the ground various people tried to help him and Beatson was punched as he tried to pull Dixon away from Sinke, the court heard.
Thomas told the court a witness would give evidence that he heard Dixon say: “Let me help, I caused this.”
There would also be evidence that later in the evening when Dixon was challenged about the incident, he said: “What do you expect when someone spits in your face.”
Thomas says the Crown was not saying Dixon meant or intended to cause serious injury or harm. Rather, it contended that, given his size and the concrete floor, Dixon must have been aware of the dangerous consequences but carried on with his assault on Sinke, regardless, Thomas told the court.
Claver, when cross-examining Sinke, suggested he’d had quite a few drinks by the time he got to Subculture.
“You had a go at (Dixon) about some video tapes that had been released,” Claver stated.
Claver added that as Dixon turned away, Sinke tried to kick him and it was that action that caused him to fall backwards.
Dixon was central to a Rugby World Cup scandal last year involving footage of English player Mike Tindall partying with an ex-girlfriend in Queenstown nightclub Altitude.
Dixon posted the footage on YouTube and it caused a media feeding frenzy, coming six weeks after Tindall had married British Royal Zara Phillips.