By DAVID WILLIAMS - The Press | Monday, 03 December 2007


It took police more than three months to get to a depositions hearing against 16 men charged with rioting over Undie-500 mayhem.


In just 49 minutes in court today the case against the alleged rioters capitulated, with police withdrawing the more serious charge in favour of obstructing a constable.

Those found guilty in Dunedin District Court of rioting can face up to two years in prison, while the lesser charge carries a maximum penalty of three months jail.

Almost 70 people were arrested on the weekend of August 25 after the Canterbury University students Undie 500 car rally and 53 were charged at the time.

Ten men faced rioting charges at a September court date and police continued their hardline stance at an October call-over, when six more men were added to the list of alleged rioters.

This morning in the Dunedin District Court, before Justices of the Peace David Humphrey and Ashley Broad, Crown solicitor Robin Bates confirmed the rioting charge against each of the 16 men would be withdrawn.

Nine lawyers and eight members of the media packed into the courtroom.

Some of the accused will contest the alternate charges, but others have already pleaded.

Further rioting charges are possible in the wake of Undie 500-linked mayhem in Dunedin last weekend.


Ten men have been charged with rioting – an offence carrying a penalty of up to two years in jail – and a further 11 cases remain under review.

Only one woman has been charged – Asa Avery, 21, of Christchurch, who is accused of the lesser charge of disorderly behaviour.

Judge Stephen O'Driscoll conducted a whirlwind sitting of the Dunedin District Court yesterday to deal with charges arising from chaos which followed the Canterbury University students' Undie 500 car rally to the southern city.

The disorder last Saturday night left Dunedin's streets strewn with broken glass and burnt couches.

Yesterday's court sequel passed without incident, finishing before noon.

Of 53 people charged with the weekend events, 24 were listed as coming from Dunedin and 16 from Christchurch.

The rest were from places as far-flung as Gore and Te Awamutu.

The 10 charged with rioting are: Joseph Murray-Cullen, 21, of Kaiapoi; Andrew James Sim, 24, of Christchurch; Andrew Radford Hope, 20, of Dunedin; Christopher Ryan James, 21, of Dunedin; Leon Johnson, 20, of Dunedin; Ariel Kruger, 18, of Dunedin; Isaac James McCleary, 19, of Dunedin; Alexander William MacKenzie, 22, of Eiffelton, Ashburton District; Timothy Howden Maynard, 19, of Invercargill; and Gary Alan Thompson, 21, of Owaka, Clutha District.

Some were not present because police had not yet served summonses.

Police prosecutor Sergeant Amelia Steel said police had reviewed evidence only in the past few days and had not had time to serve them.

Kaiapoi accused Murray-Cullen, who went to Dunedin as part of the Undie 500, was surprised to be told by The Press he had been charged with rioting, disorderly behaviour causing violence, resisting arrest, and assault of a police officer.

"I feel gutted for the cops. They were just doing their job and did a pretty good job in difficult circumstances," he said.

All those facing the rioting charges are scheduled to appear in the Dunedin District Court on September 25.

Those from other parts of the country who faced less serious charges – for example, disorderly behaviour causing violence – were allowed to transfer their cases to courts nearer their homes if a guilty plea was indicated.

Nine are being considered for diversion on minor charges including disorderly behaviour, breaching liquor bans and insulting language.

Only one person – James Irvine Hogg, 20, of Dunedin North – sought interim name suppression, on the grounds his mother was embarrassed.

Hogg, who was charged with disorderly behaviour, also sought a special dispensation from a bail condition banning him from drinking alcohol, so he could drink at his best friend's 21st birthday party.

The judge denied both applications.

The only man whose case was concluded yesterday, Phillip Raymond Telfer, 19, of Wharepapa South, in the central North Island, was convicted of disorderly behaviour and fined $500 plus $130 costs.

Dunedin emergency response commander Inspector Alastair Dickie said that of the 69 people arrested last weekend, 53 had been charged.

He said police were considering laying more rioting charges and 11 such cases were under review.

Wellington politics and geography student Luke MacLean-McMahon, 19, said he thought police were trying to make an example of some students.

He had been charged with disorderly behaviour causing violence.

He said the week had been "pretty stressful" and the lesson he had learnt was to "stay away from crowds like that".

An entire courtroom has been set aside for today's hearings of people arrested during Undie 500-related rioting in Dunedin last weekend.


Inspector Alastair Dickie, of the Dunedin police, said more than 60 of the 69 people arrested were expected to appear.

He was recommending that all the cases be heard in Dunedin to ensure consistency.

Many of the accused are Canterbury University students.

Twenty-one of those appearing today will be charged with rioting, which carries a maximum sentence of two years in jail.

Other charges being heard range from disorderly behaviour to breaking the liquor ban and urinating in public.

Dickie said some students were not yet aware they were being charged with rioting.

"They were part of the main bunch that were resisting the police in attempts to move them and they chose to stay there and bottles were being thrown from the crowd," he said.

Those charged with rioting could have their cases heard by a judge or in front of a jury.

A Dunedin District Court worker said she had been flat-out dealing with the hearings.

She said cases would only be transferred to Christchurch if the applicant was pleading guilty, otherwise they would be held in the place where the offence was committed.