ZB ZB
Opinion
Live now
Start time
Playing for
End time
Listen live
Listen to NAME OF STATION
Up next
Listen live on
ZB

Posie Parker assault case: Tomato juice protester pleads guilty

Author
NZ Herald,
Publish Date
Fri, 7 Jun 2024, 12:46pm

Posie Parker assault case: Tomato juice protester pleads guilty

Author
NZ Herald,
Publish Date
Fri, 7 Jun 2024, 12:46pm

An activist who doused controversial British anti-transgender rights campaigner Posie Parker with tomato juice during a raucous speaking event and counter-protest in Auckland has admitted assault charges. 

Eli Rubashkyn, 35, whose legal name is Eliana Golberstein, faced two charges of assault after the incident on March 25 last year at the Albert Park band rotunda. 

She pleaded guilty to the charges via her lawyer James Olsen during a brief appearance via audio-visual link before Judge Claire Ryan at the Auckland District Court on Friday. 

Olsen asked that no convictions be entered on the two assault charges and indicated he would be seeking a discharge without convictions. Judge Ryan set a sentencing date of September 2 at 3.45pm. 

Judge Ryan remanded Golberstein at large ahead of sentencing. Olsen said he would be seeking to have her appear remotely again at the sentencing hearing. 

Eliana Golberstein aka Eli Rubashkyn at the Posie Parker counter-protest at Auckland's Albert Park. March 25, 2023.Eliana Golberstein aka Eli Rubashkyn at the Posie Parker counter-protest at Auckland's Albert Park. March 25, 2023. 

The trans and intersex activist initially pleaded not guilty and was headed to trial before Friday’s surprise guilty plea. 

Parker, legal name Kellie-Jay Keen-Minshull, is named on court documents as the victim of one of the charges while the other covered a woman who helped organise the March event who was standing next to Parker and who was also doused in juice at the same moment. 

In October last year, Judge Ryan rejected Olsen’s application for the charges to be dismissed. 

He argued there was no case to answer and insufficient evidence to establish intentional criminal offending to the level required to prove the assault charges. If convicted, Golberstein could face up to six months’ imprisonment and a $4000 fine. 

Part of his argument was that there was a precedent not to lay charges in cases of political protest, such as when a woman threw a dildo at Steven Joyce seven years ago. 

Police opposed the application. 

Judge Ryan praised the quality of Olsen’s submissions as “advocacy of its highest standard” but found the police case against Golberstein was sufficient to go to trial. 

Eli Rubashkyn's tomato juice attack on anti-transgender rights campaigner Kellie-Jay Keen-Munshill aka Posie Parker. Photo / Twitter / @ElianaRubashkynEli Rubashkyn's tomato juice attack on anti-transgender rights campaigner Kellie-Jay Keen-Munshill aka Posie Parker. Photo / Twitter / @ElianaRubashkyn 

“I am satisfied there is a case to answer,” Judge Ryan said. 

The judge said it was not her place to take a political stance. 

“My task is not to consider whether Ms Keen is a bad person or stands for bad things, or whether what the defendant did, if they committed the offence, is morally wrong.” 

The judge noted Golberstein has repeatedly acknowledged pouring the juice in media interviews both at and after the protest. 

Judge Ryan said while the woman who threw a dildo at Steven Joyce in 2016 was not charged, the man who threw brown muck at Gerry Brownlee around the same time was charged and convicted. 

“I do not accept that protest and counter-protest should be expected to end in violence,” the judge said. 

“People in this diverse and tolerant society when they go to protests should expect that they can protest peacefully.” 

Take your Radio, Podcasts and Music with you