Posie Parker and Eli Rubashkyn. Photo: Eli Rubashkyn / Supplied / RNZ / Rayssa Almeida
An activist who doused controversial British anti-transgender rights campaigner Posie Parker with tomato juice during a raucous speaking event and counter-protest says only God can judge her after her request for a discharge without conviction was denied this afternoon.
Eli Rubashkyn was convicted of two assault charges over the incident on 25 March last year at Auckland's Albert Park band rotunda.
Rubashkyn pleaded guilty to the charges in June through lawyer James Olsen during a brief appearance via audio-visual link before Judge Claire Ryan.
Yesterday, Olsen had asked Judge Kirsten Lummis to grant his client a discharge without conviction, saying the overall gravity of offending was low and that Rubashkyn had been attempting to stop Parker from sharing her anti-trans views.
However, Judge Lummis was not persuaded.
She told the court today the seriousness of the offending was elevated because it was a "well thought out premeditated assault" that Rubashkyn later justified to the media.
While Judge Lummis acknowledged Rubashkyn, whose legal name is Eliana Golberstein, was remorseful, she noted an apology was absent from Rubashkyn's submissions to the court.
"I am left questioning whether there is genuinely true remorse, and I can certainly appreciate regret and that you would do things differently if you had your time again, but in terms of remorse, I'm left wondering."
In sentencing Rubashkyn, she pointed to the personal struggles Rubashkyn had faced as an intersex person, including being stabbed and shot at in Rubashkyn's home country, as well as Rubashkyn's volunteer work supporting gender-diverse organisations.
"You have become an advocate for the rainbow community... you are grateful for what New Zealand has offered you."
Judge Lummis told the court Rubashkyn had been subjected to death threats following the assaults and she agreed with Olsen's submission that Rubashkyn had already received enough punishment.
With this in mind, Judge Lummis chose not to impose a penalty, resulting in Rubashkyn receiving a conviction and discharge for Rubashkyn's crimes.
The charges carry a maximum penalty of six months in prison or a $4000 fine.
"Don't lose faith or hope from that decision, I know it's not what you wanted," she told Rubashkyn.
"I wish you the very best of luck on your continued journey from here."
Leaving the court, Rubashkyn turned to reporters and said, "Only God judges, and I just want God to judge me".
Parker, legal name Kellie-Jay Keen-Minshull, is named on court documents as the complainant for one of the charges.
The other complainant is Tania Suzanne Sturt, who helped organise the March event and who was standing next to Parker at the time in question. She was also doused in juice.
In a victim impact statement, Sturt said when the liquid first hit her head she thought it was acid, "I waited for my skin to burn".
"I felt terror then disgust and violation."
She told the court she received therapy for trauma and was still struggling with symptoms of trauma.
According to the summary of facts, Rubashkyn, arrived at Albert Park about 11am.
Parker arrived later amid a significant counter-protest comprising many people from the rainbow and transgender communities in Auckland and their supporters.
Parker entered a band rotunda to address the crowd and was greeted with an embrace by Sturt.
Rubashkyn was also in the rotunda, carrying a one-litre bottle of Keri Premium tomato juice, the summary of facts said.
Rubashkyn approached Keen and Sturt and poured the tomato juice over them both, covering their hair and clothing.
Parker's security escort grabbed Rubashkyn, pulled Rubashkyn away and forcibly removed Rubashkyn from the rotunda. Rubashkyn was then pelted with a water bottle.
"Ms Keen ultimately abandoned her public address and was assisted from Albert Park by police."
Neither Keen, aka Parker, nor Sturt were injured, according to the summary.
Rubashkyn declined to make a statement to police but admitted pouring the juice on Parker in a media interview immediately after the incident.
Rubashkyn wanted Parker to know "her words are blood because they are killing our people".
"This is my safe space, my safe haven and I'm not going to let that be taken away from me because this is my home," Rubashkyn said.
Before this case Rubashkyn had not appeared before the courts.
- This story was first published by NZ Herald