It took a private detective and months of legal wrangling but a rugby sevens star now has the chance of dodging a criminal conviction.
Declan O’Donnell, 20 who also plays for Waikato was yesterday offered diversion when he appeared in Hamilton District Court on two charges of common assault.
If O’Donnell completes the agreed conditions by November, the charges will be withdrawn and no conviction will be recorded.
The rugby star was previously declined diversion due to the seriousness of an injuring with intent charge, which arose after a brawl between him and two bouncers at Hamilton’s Outback Inn on January 21.
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However, that charge was reduced to common assault last week, making him eligible for the scheme.
His laywer Roger Laybourn said evidence obtained from a private investigator, and CCTV footage from an adjoining bar, helped convince the police to reduce his charge.
O’Donnell’s rugby contract won’t allow him to speak to the media directly about the case, but Waikato Rugby Union chief executive Graham Bowen told the Waikato Times it was a relief.
“He made a mistake and he’s aware of it,” Mr Bowen said.
“Now he can get on with his career and we are very supportive of helping make the right decision in the future. He is a very good young athlete and this is just a small hiccup which I think he’s learnt from.”
Sam McDonnell, the pub’s head of security, has since been charged with injuring O’Donnell’s brother with intent. It’s understood he is defending the charge.
