A man, accused of aggravated burglary, has been released in the midst of a trial, while Hamish Lucas*, the alleged victim of a hammer assault during the burglary, was imprisoned for hurling explicit slurs at a lawyer.
The proceedings in Christchurch District Court grew tense as Lucas began using profanity while testifying. The situation escalated during cross-examination when he learned of the defendant, Marcus Bourne’s*, alleged extramarital affair with his girlfriend.
Lucas, a self-employed father of three, reacted by dousing Bourne with water from a jug and had to be forcibly removed back to the defendants’ area. Consequently, Lucas was sentenced to eight days in prison for “serious” contempt of court as per Judge Tom Gilbert’s freshly released decision.
Judge Gilbert attested to the uniqueness of the incident, claiming he’d witnessed nothing similar in his 25-year involvement with criminal courts or during his service as a judge.
Defence lawyer Allister Davis described Lucas’ verbal rebuke as a part and parcel of his profession. Davis acknowledged he had to probe Lucas about his girlfriend’s alleged liaison with his client, and it was then when Lucas became highly agitated.
The trial, earlier this year, centred around Bourne’s alleged aggravated burglary committed in August 2021. The first attempt was abandoned when Lucas failed to appear.
According to the case, Bourne and an unidentified acquaintance supposedly trespassed Lucas’ residence regarding a botched drug deal. Upon arrival, they expressed interest in taking Lucas’ vehicle. Defiant, Lucas was assaulted with a hammer, allegedly by Bourne, while his partner broke a window using a wooden object.
Contrarily, Bourne rejected the allegations and claimed he’d spent the night with his parents.
While Judge Gilbert found Lucas’ language during the testimony distasteful, he considered it a product of the stressful circumstances. Nevertheless, Lucas was asked to maintain decorum.
However, upon being questioned by Davis, Lucas’ aggression elevated. Concerned, Judge Gilbert raised the alarm for immediate security assistance.
When Lucas was further questioned about his girlfriend, his fury intensified. He rose and aggressively approached Bourne, leading to the forced intervention from security officers. He grabbed a water jug and splashed it at Bourne, which prompted his removal to the cells and the halting of proceedings.
Having expressed remorse for his disastrous outburst but his inability to manage his anger in the future, Judge Gilbert dismissed the charges against Bourne and halted the trial. The decision was influenced by Lucas’ volatility and the improbability of reaching a verdict.
In the subsequent contempt hearing for Lucas, Judge Gilbert decided a prison term of five weeks, reduced in the acknowledgement of Lucas’ apology, his authentic remorse, and the unexpected release of the defendant.
This decision, as Judge Gilbert affirmed, was not taken lightly. However, the seriousness of Lucas’ disruptive behaviour necessitated that his behaviour shall not be tolerated.
*Names changed by the courts in the publicly released decision.
