Cheated by justice: 81yo speaks out after brutal Hamilton attack

An 81-year-old Hamilton man has lost his home, his 62-year career, and his independence after a brutal assault left him fearing for his life. Now, he is speaking out against a justice system that he says has left him feeling cheated.

Jade Alex Bennett, 31, was sentenced to 19 months in prison for assault with intent to injure and threatening to kill. However, Judge Arthur Tompkins granted Bennett leave to apply for home detention, a decision that raises serious questions about how we protect our most vulnerable citizens and support victims through the judicial process.

A life dismantled by violence

The attack occurred on November 7, 2024, in the Angleasa Street Woolworths car park. Bennett followed the elderly man through the car park after he told Bennett's partner, who was begging with a dog, that he had no money to give.

CCTV footage captured Bennett threatening the man, saying he was f**king dead, before grabbing his head and slamming it into a brick wall. The impact knocked the victim unconscious, causing him to collapse headfirst through a glass door.

The physical and psychological toll has been devastating. The victim, who does not wish to be named due to safety concerns, had recently undergone an optical procedure for a prosthetic eye. The attack permanently disfigured his face and halted the healing process. He has suffered memory loss, balance impairment and a concussion, requiring ongoing treatment from a wide range of health professionals.

I had to relearn to walk without falling. I'm lucky to be alive.

The trauma has uprooted his entire existence. He has abandoned his rural Hamilton home, which now requires $73,000 in remedial work, and moved to an isolated cabin with no power or cellphone reception. He made the move out of genuine safety concerns, effectively living off the grid not by choice, but by necessity.

Domestic violence and unproven claims

The sentencing also revealed a troubling history of domestic violence. Bennett faced separate charges for assaulting his partner in May of last year, when he threw a plate at her and then hurled a door at both the woman and her dog.

During the hearing, Bennett's counsel, Afitu Veatupu, claimed the attack on the elderly man was not random. He argued that his client reacted because the victim allegedly made a comment of a sexual nature to his partner.

The victim vehemently denied the claim, and the police prosecutor did not accept the allegation either. There was no audio on the CCTV footage to corroborate it, and Judge Tompkins noted his disappointment that the accusation had never been put to the victim before sentencing.

A justice system that sidelines victims

Perhaps the most glaring issue raised by this case is how victims are treated within our courts. The sentencing hearing stretched past the afternoon, and because of the ongoing fatigue caused by his brain injury, the victim had to leave before he could read his own impact statement to the judge.

He expressed his frustration to NZME, feeling that the 19-month sentence was very light for an attack that dismantled his life. The possibility of Bennett serving his time at home rather than behind bars only deepens the sense of injustice.

Judge Tompkins acknowledged the debilitating effect and long-lasting nature of the injuries. However, the gap between acknowledging harm and delivering adequate consequences highlights a systemic flaw. When an elderly person is forced into isolation, stripped of their livelihood and left feeling lucky to be alive, we have to ask if our justice system is truly serving the people it is meant to protect.