When Pauaherua Betham-Puha was stopped by police and told to get rid of his booze, he argued, opened the can of bourbon and took a sip before pouring the rest at the officer’s feet.

His actions late on a Friday night last September in a 24-hour alcohol ban zone in Motueka resulted in him being detained and put into the back of a police car.

But as the officer was doing this he was punched in the back of the head by an unknown person and then took four blows to the face from Betham-Puha.

Pauaherua’s brother Manu Ariki Betham-Puha also became violent when he saw what he considered was his brother being “manhandled” by the police. He was arrested and charged with obstructing and assaulting a police officer for his part in the incident.

The brothers were today each sentenced in the Nelson District Court to 180 hours’ community work and nine months’ supervision after the attack which left the police officer unconscious, with facial injuries.

Manu Ariki’s lawyer Ian Miller told the court that while it was a serious assault, and it was lucky the injuries weren’t worse, it was surprising the assailant who struck the officer first had not been charged, even though he had been named in a witness statement.

“He was the person who came from behind and committed the [initial] assault,” Miller said.

Judge David Ruth: “Far too many in our community think it’s okay to retaliate against the police when they are doing their job”. Photo / NZME

It was just after 11pm when the officer and a colleague saw four men walking along High St, Motueka, where an alcohol ban is in place.

The officers stopped, believing the group was carrying alcohol.

The constable who was assaulted approached one of the men and asked him to get rid of the drink.

Pauaherua Betham-Puha began to argue with the constable before opening a can of bourbon and cola and taking a sip. He then poured the rest at the officer’s feet.

He was arrested but resisted and refused to place his hands behind his back.

The constable then attempted to put him in the back of the patrol car but as he was doing this he was punched in the back of the head by the unknown assailant, and fell to the ground, momentarily unconscious.

When he regained consciousness he was punched in the head and face four times by Pauaherua, and the unknown male. Manu Ariki Betham-Puha also “struck the officer a number of times in the face”.

As the officer stood to protect himself, he and his co-worker drew their tasers, which prompted Pauaherua to run.

He was later charged with resisting police, assaulting police and escaping police custody.

The constable was left with concussion, a cut lip and a black eye.

Pauaherua told police he’d had two alcoholic drinks; he poured one out and had a small ‘scull’ of the other before emptying it.

He felt he had been arrested for something which warranted “only a ticket”, and the officer had been “aggressive, rough and shoved him against the car”.

His lawyer Dave Holloway told the court that it had been an “alcohol-fuelled incident” and that Pauaherua had since taken steps to address his drinking.

“He has a genuine desire to do something about it,” Holloway said.

He described the offending as “out of character”, and that a sentence which included support was needed to prevent him from reappearing in court.

Judge David Ruth said the number of assaults on police officers was concerning.

“In my court, people who come here having attacked a police officer can expect no leniency from me,” Judge Ruth said.

“Far too many in our community think it’s okay to retaliate against the police when they are doing their job.”

He told Manu Ariki Betham-Puha that the 18-year-old had found himself in an unfortunate position.

“Regardless of whether you thought your brother had been dealt with unfairly, you should have stayed out of it,” Judge Ruth said.

He gave each credit for their early guilty pleas, and acknowledged their efforts to get help.

The brothers’ sentences of supervision each included conditions that they attend relevant programmes.

On the charges of resisting police and escaping custody, Pauaherua was convicted and discharged.