The complainant, who cannot yet be identified due to a pending request for permanent name suppression, has said he was turning away following a brief argument when Montgomerie lashed out without warning. <\/p>\n
A police photograph of a cocktail party at a Westmere property where a man was injured with a wine glass. Andrew Montgomerie is on trial, accused of wounding the man. Photo \/ NZ Police<\/p>\n
He spent three days in hospital and underwent surgery to remove the glass shards but his artery had not been cut as initially feared. <\/p>\n
Sergeant Dylan Hannah-Jones, who also arrived at the scene on a motorbike around 8 that Friday night, recalled a \u201chighly charged scene\u201d in which he had to assure the complainant\u2019s wife that they were doing everything they could to help as he applied pressure to the man\u2019s neck. <\/p>\n
He described the overall intoxication level of the roughly 50 or so guests as \u201cextremely high\u201d. <\/p>\n
\u201cIt was quite difficult to manage the people there,\u201d he said, echoing other first responders. <\/p>\n
By the time police arrived, Montgomerie and his wife had already left the scene. One witness described walking after the couple, yelling at them to stop as they got into an Uber down the street from the residence. <\/p>\n
Other witnesses described what had been an otherwise uneventful 40th birthday party for host Mark Ensom, another property developer. None of the witnesses called by prosecutors today saw the actual blow. <\/p>\n
\u201cAt first I thought he was just being a clown,\u201d admitted party guest Garth Broadhead, explaining that he initially noticed the complainant yelling \u201chelp\u201d in an unintelligible, high-pitched voice. \u201cThe person was running from the deck to the kitchen area, clutching his neck.\u201d<\/p>\n
The scene at the cocktail party at the Westmere property. Photo \/ NZ Police<\/p>\n
When he saw the blood, he realised it wasn\u2019t a joke, he explained.<\/p>\n
Like other guests who gave evidence today, Broadhead scoffed when asked by the defence if he had seen a tray containing cocaine lines and a straw being passed around at the party. <\/p>\n
\u201cI think I would have remembered that,\u201d he said. <\/p>\n
Defence lawyer Ron Mansfield, KC, emphasised yesterday the complainant\u2019s admitted cocaine use that night. But he repeatedly insinuated through his questioning of witnesses today that the complainant had been untruthful about the drug being out in the open and freely offered to guests, just like the glasses of champagne. <\/p>\n
The complainant said he had used a \u201cvery small amount\u201d of cocaine when the platter was offered to him and had imbibed two glasses of champagne at the party but was not intoxicated and had not acted aggressively towards Montgomerie prior to the blow. <\/p>\n
The Westmere property. Photo \/ NZ Police<\/p>\n
Today\u2019s hearing, which marked the second day of evidence, got off to a slow start after Judge Paul Murray interviewed and then dismissed a juror who had disobeyed directions not to do independent research. Other jurors alerted the judge after the man went online to look up the value of the mansion where the incident occurred. <\/p>\n
\u201cThat\u2019s obviously a breach of the rules, which I\u2019ve reiterated to you several times,\u201d the judge told the reduced panel. \u201cThose rules are vitally important. If there is another breach, then the trial is in real jeopardy of having to stop and start all over again.\u201d<\/p>\n
Crown prosecutors Ruby van Boheemen and Isabella Joe are expected to call their final evidence on Monday morning, including pre-recorded testimony from the only independent witness believed to have seen the blow. <\/p>\n
Montgomerie\u2019s lawyers have indicated he also will give evidence after the Crown\u2019s final witness. <\/p>\n