From NZPA:

Men accused of bashing Canadian tourist to face trial
19 September 2006

Three men accused of bashing, kidnapping and robbing a Canadian tourist have been committed to trial.

Mark Alexander Gage, 30, Jaydon Russell Borland, 30, and Jason George Gregory, 19, are jointly accused of aggravated robbery, kidnapping and wounding with intent to cause grievous bodily harm to Jeremie Kawerninski on April 18 this year.

At a depositions hearing today Justices of the Peace in the Lower Hutt District Court ruled there was enough evidence for the three to stand trial.

The Crown alleges Mr Kawerninski met Borland, Gage, Gregory and two women at an internet cafe in central Wellington and went drinking with them.

He went with the group to the home of Benjamin Peter McPadden in Naenae, Lower Hutt, and while he was asleep the defendants discussed how much money they thought he had on him.

He was attacked, tied up with tape and a belt, had a pillow slip put over his head, and bundled into the boot of a car.

He was later dumped by the roadside.

A statement by Mr Kawerninski - who has left the country - has been suppressed until the trial judge could rule on its admissibility.

Defence lawyers for the three men argued there was insufficient evidence for a trial and there was no link between the men and the assault on Mr Kawerninski.

Borland’s lawyer Steve Gill said there was no proof to link the assault to his client.

“He didn’t even get in the car.”

Borland had heard the “thumping” going on but had walked in afterwards, he said.

Crown prosecutor Cameron Mander said there was a strong circumstantial case against the accused.

Mr Mander argued Borland had returned to the house prior to the banging being heard.

A text message from Borland to Gregory sent just before 9pm that evening had been retrieved which read: “That c*** has money, search him hard”, Mr Mander said.

The three men had returned to the house with muddy clothing and at least one had blood on their trousers, he said.

Some of Mr Kawerninski’s possessions had been found in a muddy field.

Mr Mander said a witness had a conversation several days after the assault with Gregory, who allegedly said: “Did we tell you we smashed up some Canadian guy?”

Defence lawyers had previously told the court Mr Kawerninski had “gone to ground” in Canada and was refusing to return to New Zealand.

In his ruling Mr Withy said the court had also heard Mr Kawerninski was willing to return.

The three men were remanded to appear in the High Court at Wellington on October 30.

McPadden, who faced joint charges, had conceded he had a case to answer and his evidence remained suppressed.

He was remanded on bail for a High Court callover on October 30.

Gage was also scheduled to appear in the Lower Hutt District Court on October 12 for a status hearing regarding a protection order.