An activist who acknowledged dousing controversial British speaker Posie Parker with tomato juice during a raucous speaking event and counter-protest in Auckland earlier this year has failed to have her charges dismissed.
Eli Rubashkyn, 35, whose legal name is Eliana Golberstein, faces two charges of assault following the March 25 incident at the Albert Park band rotunda.
The trans and intersex activist pleaded not guilty and is now heading to trial after Judge Claire Ryan rejected her lawyer’s application to throw out the charges.
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 Rubashkyn has repeatedly acknowledged pouring the juice in media interviews both at and after the protest.
“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.”