Eli Rubashkyn poured juice on British activist Kellie-Jay Keen-Minshull – also known as Posie Parker – at a speaking event in Auckland on March 25.
Keen-Minshull abandoned the event following the incident and left the country that evening. She has since said she won’t return to Aotearoa.
On Wednesday, their lawyer James Olsen asked Judge Claire Ryan to dismiss the charge relating to Parker. Judge Ryan reserved her decision until October 26.
Mann disagreed and said the prosecution could still proceed without the complainant’s statement or presence at any trial and there was genuine public interest in this case.
Rubashkyn is a qualified pharmacist and researcher and an advocate for intersex and gender issues at the United Nations.
Rubashkyn was raised as a boy before being given access to hormones as an adult, having gender-affirming surgery in 2022.
Last month, a 21-year-old man admitted hitting an elderly woman at Parker’s event. He was a counter-protester at the event.