Assault with a pillow

Stuff reports on a strange case:

A Wellington man who hit his nephew on the head with a sofa cushion has been committed for jury trial, charged with assault on a child. …

Though no injury was found on the boy from the alleged assault with the small decorative cushion and she said did not see the actual attack happen, it was “definitely not” just a pillowfight, she said.

The boy’s mother admitted she had used physical violence to discipline her son in the past. …

Speaking from behind a protective screen shielding him from the accused, the boy told the court the pillow-hit had not really hurt and he felt no ill-will toward his uncle.

The boy said he had been hit on the top of the head and was not sore afterward.

During his appeal to the presiding Justices of the Peace to have the case dismissed, Mr Knowsley repeatedly asked whether he was dreaming.

“It is almost bizarre you can hear repeated admissions that the child has been repeatedly hit by his own parents but that this is going to a full jury case. Frankly, it’s preposterous,” he said.

It seems strange this is going to court when the boy has said the cushion didn’t really hurt, caused no damage, and he has no ill-will.

After re-confirming his not guilty plea, the alleged attacker was remanded on bail to an address in Wanganui, though his bail conditions stated he was not allowed to drink at all or have any contact with his sister’s family.

There is obviously bad blood between the brother and sister. But I would have thought you would just tell the uncle not to visit anymore and/or get a trespass order, rather than prosecute your brother for throwing a cushion at your kid.

The bail condition of not drinking suggests there may be more to this than meets the eye. It will be an interesting case when it does go to court.