beachside town<\/a>, she thought she saw a rubbish man carrying a bin and plastic liner.<\/p>\n
\n
<\/p>\n
However, as she got closer, she recognised Duane Jackison, a local man she claimed at the trial as being known to be \u201cnot quite right\u201d.<\/p>\n
\n
<\/p>\n
She said he was in the middle of the road, looking at her with an \u201cangry, ugly face\u201d, and she swerved to the right to avoid him.<\/p>\n
\n
<\/p>\n
She had thought the metal bin liner was going to \u201ccome straight through the windscreen\u201d.<\/p>\n
\n
<\/p>\n
As she drove around him, he struck the side of her ute with the metal bin, causing scratches to the side of the Isuzu.<\/p>\n
\n
<\/p>\n
She said she \u201ccarried on driving towards the bakery … wasn\u2019t stopping for that\u201d and drove to the rear of the building, tooting the horn to get her husband\u2019s attention.<\/p>\n
\n
<\/p>\n
\u201cI wanted him right now, I was freaking out,\u201d she said.<\/p>\n
\n
<\/p>\n
When Brett Henderson came out, she said she told him, \u201cDuane is losing the plot\u201d, and he should speak to him to \u201ctry and calm him down\u201d.<\/p>\n
\n
<\/p>\n
When cross-examined by Morgan, she said her typical previous interactions with Jackison had been calm, describing him as a \u201crough little guy\u201d who would sometimes sleep on the tables in front of their bakery.<\/p>\n
\n
<\/p>\n
They would give him a \u201csandwich or something from the day before\u201d and she said he was usually grateful and polite.<\/p>\n
\n
<\/p>\n
But on this morning, after the \u201cupsetting\u201d incident, Brett Brett Henderson hopped into the Isuzu and headed along Port Rd to find Jackison.<\/p>\n
\n
<\/p>\n
The Crown case is that Henderson was angry with Jackison and \u201cwanted to teach him a lesson\u201d.<\/p>\n
\n
<\/p>\n
![\"The]()
The trial is underway at the Tauranga District Court.<\/p>\n
\n
<\/p>\n
Crown prosecutor Molly Tutton-Harris said, in her opening address, Brett Henderson drove quickly up the street, before he deliberately \u201cswerved towards [Jackison], hitting him with his SUV\u201d.<\/p>\n
\n
<\/p>\n
Brett Henderson returned to the bakery and called the police to report the damage Jackison had caused when he struck the vehicle with the metal bin liner.<\/p>\n
\n
<\/p>\n
Police arrested Jackison for suspected wilful damage \u2013 he had also allegedly smashed a retailer\u2019s window \u2013 but he started to complain of breathing difficulties.<\/p>\n
\n
<\/p>\n
As he was being attended to by ambulance officers, Senior Constable Fraser Simpson heard him say he had been hit by a car.<\/p>\n
\n
<\/p>\n
This was the first time Jackison had mentioned this, and Simpson said that while he was still a suspect for the wilful damage, he was also now being considered a victim, for potentially being hit with a vehicle.<\/p>\n
\n
\nCCTV footage and a question of intention
\n
<\/p>\n
In CCTV footage shown to the jury, the dark streets of Whangamat\u0101 appear mostly deserted.<\/p>\n
\n
<\/p>\n
The street lights are on, and at points, Jackison can be seen walking around on his own, carrying the metal bin liner and at times tossing it around.<\/p>\n
\n
\nDo you have a justice story we should know about?
\n
<\/p>\n
The CCTV footage of both the incident and the lead-up is piecemeal \u2013 different angles, from different businesses, showing fragments of a timeline of events that all took place in semi-darkness.<\/p>\n
\n
<\/p>\n
But the defence case doesn\u2019t centre on whether or not Jackison was hit by Henderson\u2019s car \u2013 that is accepted.<\/p>\n
\n
<\/p>\n
Morgan said the real question is not what happened, but how it happened.<\/p>\n
\n
<\/p>\n
He said Brett Henderson did not \u201crun down\u201d Jackison. He said he went back to see \u201cwhat the hell was going on\u201d, and Jackison was again in the middle of the road. Brett Henderson tried to swerve and brake to avoid him, but Jackison was hit.<\/p>\n
\n
<\/p>\n
It may have been an error of judgement to swerve right, not left, but it was \u201can accident\u201d, not a deliberate \u201cassault with a weapon\u201d.<\/p>\n
\n
<\/p>\n
Brett Henderson chose to give evidence and said he had been going to look for Jackison, as his wife was worried for the safety of friends who often went walking early in the morning.<\/p>\n
\n
<\/p>\n
As he was driving, he caught a glimpse of Jackison out of the corner of his right eye.<\/p>\n
\n
<\/p>\n
He said he braked and turned the car right, towards Jackison, so he could \u201cturn [his] lights on him\u201d.<\/p>\n
\n
<\/p>\n
In hindsight, he accepts he should have turned left, but it had all happened quickly. He was worried Jackison was going to throw the metal bin liner, which he said he was holding up, into his driver\u2019s window.<\/p>\n
\n
<\/p>\n
He braked as he turned, but Jackison, and the metal bin, hit the bonnet of the car and \u201crolled off\u201d.<\/p>\n
\n
<\/p>\n
He denied hitting him; he said they \u201cran into each other\u201d, and he would not have used an $80,000 car as a \u201cbattering ram\u201d.<\/p>\n
\n
<\/p>\n
Brett Henderson said Jackison got up, and as he got out of his car, Jackison had come towards him \u201cranting and raving\u201d, so he threw him to the ground.<\/p>\n
\n
<\/p>\n
Crown Solicitor Anna Pollett asked him if he had been upset, cross, agitated or annoyed when he made a decision to leave his pies cooking in the ovens, to go and \u201ctalk\u201d to Jackison about the incident.<\/p>\n
\n
<\/p>\n
He said he wasn\u2019t; he had just wanted to have a \u201cman-to-man\u201d conversation, to understand why Jackison had \u201cattacked\u201d his wife.<\/p>\n
\n
<\/p>\n
\u201cYou don\u2019t bite the hand that feeds you,\u201d he said, adding he\u2019d hoped that he could talk to Jackison, and then, in a \u201cperfect world\u201d, get him to apologise to his wife.<\/p>\n
\n
<\/p>\n
Pollett asked why he hadn\u2019t just called 111, instead of \u201ctaking matters into [his] own hands\u201d.<\/p>\n
\n
<\/p>\n
Brett Henderson said calling 111 \u201cdidn\u2019t work\u201d, though he accepted that after the incident, he did call 111.<\/p>\n
\n
<\/p>\n
The trial before Judge David Cameron is expected to conclude on Thursday.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
However, Brett Henderson is defending the charge of assault with a weapon, represented by prominent lawyer Philip…\n","protected":false},"author":2,"featured_media":259596,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[42,43,40,38,41,39],"class_list":{"0":"post-259595","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-headlines","8":"tag-headlines","9":"tag-news","10":"tag-top-news","11":"tag-top-stories","12":"tag-topnews","13":"tag-topstories"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/259595","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=259595"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/259595\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/259596"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=259595"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=259595"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=259595"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}