Sergeant Leaongo Tanginoa, standing left, and Bombardier Gus Nove, face a court martial at Linton Military Camp. Seated are their lawyers, Steve Winter, left, and Matthew Hague. Photo: RNZ / Jimmy Ellingham
- Soldier allegedly lost consciousness during beating when strangled and punched in the head
- Fracas started when the soldier had a go at a sergeant about the way he and his mates were treated during an international operation in Hawaii
- Defence says prosecution case full of inconsistencies and that some witnesses aren't telling the truth
- Witness says egos of those on trial got the better of them when they attacked the soldier
A soldier was beaten so badly by a sergeant and a bombardier when they were in Hawaii on an international exercise that the soldier twice lost consciousness, a military court has heard.
It is alleged the attack happened after the soldier called the sergeant a dick, as the soldier protested about the way he and his mates were treated during the exercise in late 2023.
The sergeant and the bombardier are before a court martial at Linton Military Camp near Palmerston North, which began on Monday.
Sergeant Leaongo Tanginoa pleaded not guilty to five charges of strangling, punching and kicking the soldier, who has interim name suppression.
He has pleaded guilty to one charge of striking a soldier of lower rank.
Bombardier Gus Nove has pleaded not guilty to five charges of striking, kicking and using threatening language against the soldier.
Defence lawyers for the pair say the prosecution case has inconsistencies, and that some prosecution witnesses were not telling the truth about what happened in the early hours of 25 November 2023, at Schofield Barracks in Hawaii.
Prosecutor Lieutenant Troy McLaren said Tanginoa and Nove "beat up a subordinate".
"When the complainant disrespected Sergeant Tanginoa he reacted violently, strangling, punching and kicking the complainant.
"Bombardier Nove joined in. He also punched and kicked the complainant. He later threatened the complainant with further violence should he report what happened to him."
The two accused and the soldier they are accused of beating were part of an international exercise that also featured troops from the US, UK, Thailand and Indonesia.
It finished on 24 November 2023, and that night some soldiers celebrated.
McLaren said the soldier with name suppression returned to barracks after midnight, having been drinking, and began annoying other occupants.
Tanginoa asked him to leave, but the soldier was confrontational, complaining about the way Tanginoa had treated him and others during the operation, and calling the sergeant a dick.
Tanginoa and Nove then told the soldier to go to bed, but he did not.
"From that point on Sergeant Tanginoa and Bombardier Nove lost control," McLaren said.
The prosecution alleges the pair assaulted the soldier initially outside the barracks, including that Tanginoa strangled the soldier, causing him to lose consciousness for a short time.
McLaren said the soldier fell to the ground, as Tanginoa and Nove punched and kicked him.
A bystander tried to intervene but could not stop the attack, McLaren said.
The soldier was then taken back inside the barracks, where the assault continued.
"At one point Sergeant Tanginoa knelt on and punched the complainant in the head once, causing the complainant to again lose consciousness."
Nove then threatened the soldier not to tell anyone about what happened, McLaren said.
The charge Tanginoa admitted was about the incident inside the barracks.
Defence lawyer Steve Winter, representing Tanginoa, said there were inconsistencies in the prosecution narrative, and apart from the charge he admitted, Tanginoa denied the rest of the allegations against him.
"It will be suggested that what witnesses are telling you is inaccurate. They aren't telling the truth," Winter said.
Defence lawyer Matthew Hague, representing Nove, said there were clear contradictions between prosecution witnesses. He echoed Winter's comments about not everyone telling the truth.
Another soldier, who witnessed the assault, said the fracas started when the soldier confronted Tanginoa about the operation.
"He didn't like the way we were getting treated and he stood up for everyone."
The witness said Tanginoa and Nove's egos then got the better of them, as they attacked the soldier, who the witness said was his best mate.
He denied suggestions from Winter that he was not telling the truth, and that he and the soldier had together polished their versions of events to show Tanginoa in the worst light.
The court martial heard a recording of a military police interview with the soldier allegedly attacked.
He said he was taken to a military hospital on 25 November 2023, where he was cleared of internal bleeding and broken bones.
He suffered concussion, and said in the aftermath felt anxious and afraid.
The hearing, before a military panel and Judge Mina Wharepouri, continues.
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