Liquor store owner Virender Singh will not stand trial.
Justice of the Peace M. Sinclair said after hearing conflicting and contradictory evidence in the Manukau District Court, there was no case for Mr Singh to answer.
Singh faced two charges of injuring with intent to injure over the incident at his Otara store last September. He denied the charges on the grounds he acted in self-defence.
Singh's lawyer Greg King argued Singh exercised his basic human right by defending himself and his shop from five drunken teenagers.
This is an excellent decision by the District Court on a charge that should never have been brought against Singh. It is a pretty rare event when a prosecution by the Police is so weak that it does not survive a depositions hearing. We hope that the Counties-Manukau police hierarchy will reflect on this decision, and the indecent haste they showed to make an example of Singh. Then they need to consider the effect that the decision to prosecute Singh had on the young thugs who visited him that day. In our opinion, it gave them licence to carry on with their bully-boy tactics and continue to intimidate their local community.
We do not condone violence, but on this occasion we believe that Virender Singh was totally justified in using his hockey stick for other-than-sporting purposes. Kia kaha Mr Singh!