Trans activist accused of assaulting Posie Parker applies to have charge dismissed

Dozens of police monitored a crowd gathered in a public square in Auckland on Wednesday afternoon, after the person accused with dousing a British anti-transgender activist with tomato juice at a rally this year applied to have the charges dismissed.

Eli Rubashkyn has applied to have their charge of assault against Kelly-Jay Keen-Minshull - also known as Posie Parker - dismissed.

Keen-Minshull's organisation, Standing For Women, organised the rally at St Patrick's Square on Wednesday afternoon.

Standing For Women spokesperson Tania Sturt said four women organised today's protest and she was thrilled as they were allowed to speak and gather peacefully.

"We are really pleased with how this has gone and I want to thank the police for the effort they put in.

"We really had no idea how many people would be here and I am happy with the number."

About 100 people attended the protest in St Patrick's square near the Auckland District Court.

Sturt said she was with Posie Parker when the incident occured earlier this year.

"I am pleased that the hearing has been ajourned because it means there is still a chance that it will go to trial.

"I think it's amazing today - I thank all the men and women who have come out in support. We have a lot to say and am so glad we have finally had our chance."

Trans Liberation Alliance spokesperson, and organiser of the counter protests, Lucy S, said their presence was to show the community hate would not be tolerated.

"We are not okay with violent, hateful and transphobic rhetoric in our city."

She said trangender people should be affirmed and encouraged in public spaces.

"We will not hide, we will not stay home, we exist and we're going to make damn sure that people know of it," she said.

Some trans rights activists urged people not to attend the counter-protest days before, to respect Eli Rubashkyn's wishes, and to stay safe.

Despite this, Lucy said, "all things considered it's definitely been safe."

She said she was grateful for the strong police presence, echoing what Tania Sturt said.

The court case

Auckland District Court held a pre-trial hearing on Wednesday morning, but neither the defendant nor claimant appeared.

Judge Claire Ryan has reserved her decision until October.

Eliana Golberstein (also known as Eli Rubashkyn) has pleaded not guilty to two charges - one of assaulting Kelly-Jay Keen-Minshull (also known as Posie Parker) and the other of assaulting one of her supporters.

Rubashkyn is applying to have the charge of assault against Keen-Minshull dismissed.

Rubashkyn's lawyer James Olsen told the court a certain level of violence was implied at some protests and there was a "hint of self defence".

"There is some evidence that she was fearful of Ms Keen and the message that she purported to put out there," Olsen said.

In his submissions, Olsen said the woman who threw a dildo at then Minister Stephen Joyce was not charged in 2016.

But Judge Ryan said that same year, the man who threw mud at Minister Gerry Brownlee had been charged.

She said the police evidence, at its best, shows an intention "because she walks past, she doesn't just throw the stuff at Ms Keen, she douses both of them in it".

"If one feels unsafe because of these people, can one walk up to two inches close to them and pour tomato juice on their heads and say well that's necessity. We have to explore that in a much more detailed way," Ryan said.

"We need to get back to what protests are all about. Do we expect violence and accept violence of whatever sort?

In March, Keen-Minshull held a 'Let Women Speak' event in Auckland which came to an abrupt end after thousands of trans solidarity protesters showed up. It was there the tomato juice was allegedly thrown at Keen-Minshull.

Keen-Minshull planned to return to New Zealand for Wednesday's hearing, but earlier this week said she had abandoned the scheduled trip out of fear she and her supporters would not be protected.

"I don't trust that the police are going to come and look after me, or any women attending," she said on a livestream.

She then went on to accuse the country's police, border forces and politicians of corruption.