A witness to an alleged attack on a soldier by two colleagues at the end of an international operation in Hawaii says he did not see any punches or kicks thrown.
Bombardier David Clark said the soldier allegedly attacked, whose name is suppressed, was drunk, aggressive and insubordinate.
It is alleged Sergeant Leaongo Tanginoa and Bombardier Gus Nove assaulted the soldier in the early hours of 25 November 2023, at Schofield Barracks.
Clark told a court martial hearing at Linton, near Palmerston North, on Wednesday that Tanginoa and Nove tried to calm and restrain the soldier, and did not kick or punch him.
But the prosecution has questioned the reliability of Clark’s evidence, saying he presented a “watered down” version of events.
Clark was the first witness called for Nove’s defence and said he noticed a confrontation between the soldier and Tanginoa outside the barracks, where the soldier was mouthing off.
The pair’s arms were locked and Clark said he tried to break them apart.
He described the soldier as drunk — eight out of 10 — but said Tanginoa and Nove showed no signs of intoxication.
The soldier ignored Clark’s instructions to go to bed and continued to act aggressively towards Tanginoa.
At one point Nove too tried to break apart Tanginoa and the soldier and the three fell to the ground, Clark said.
At another point, Clark said he restrained the soldier as he continued to confront Tanginoa and Nove, and Clark and the soldier fell to the ground.
“He got straight back up and went charging towards them.”
Clark said he followed the confrontation inside the barracks, where the soldier was still “carrying on”.
Tanginoa and Nove slapped the soldier five or six times.
“I didn’t see any punching or kicking outside the barrack room… or inside.”
Military prosecutor John Whitcombe suggested Clark was minimising the situation.
“What you have told the court today isn’t really what happened, is it?” Whitcombe asked.
“It’s what happened,” Clark said.
“It’s a watered down version, isn’t it?”
“It’s what I recall.”
Whitcombe asked Clark if he thought the soldier was getting what he deserved for abusing his seniors.
“I can’t recall what I thought at the time,” Clark said.
He agreed with Whitcombe that Tanginoa and Nove had taken as much abuse as they could and lost their tempers.
The Crown case finished early on Wednesday, with expert witness Dr Clare Healy giving evidence.
Among the soldier’s injuries she was asked to comment on, she said marks on the left side of his neck in particular indicated force applied to the area.
It was unlikely they were caused by an open-handed slap.
Gurgling noises witnesses had reported were consistent with pressure applied to the windpipe.
Healy said a person could lose consciousness if blood flow to the brain was blocked for just a short time, and a loss of oxygen to the brain could cause aggression or confusion.
Lawyers for both the accused asked Healy if, as is alleged, a volley of kicks and punches were thrown whether she would expect to see more serious injuries in the photos of the soldier.
Healy said photos did not always reveal injuries such as swelling.
She agreed with Nove’s lawyer, Matthew Hague, that it was possible the neck injuries were suffered when the men were wrestling, although that would be unusual.
Tanginoa has pleaded not guilty to five charges, accusing him of strangling, punching and kicking the soldier.
He has pleaded guilty to one charge of striking a soldier of lower rank – admitting a slap inside the barracks.
Nove has pleaded not guilty to five charges of striking, kicking and using threatening language against the soldier.
The prosecution and defence will sum up their cases on Thursday morning.
rnz.co.nz
