Given the low gravity of the offending

What’s the big deal?

trans rights activist who poured tomato juice over controversial women’s rights activist Posie Parker is seeking to have her conviction overturned, with her lawyer saying it was out of proportion to the offending.

Eli Rubashkyn previously pleaded guilty to assault after she poured tomato juice over Parker – also known as Kellie-Jay Keen-Minshull – and another woman at Auckland’s Albert Park in March 2023.

Eli Rubashkyn ain’t no she.

Rubashkyn earlier pleaded guilty to two charges of assault and was convicted and discharged by Judge Kirsten Lummis in September.

On Tuesday, Rubashkyn’s lawyer, James Olsen, appealed the conviction at the High Court at Auckland. Olsen told Justice David Johnstone that Judge Lummis was not correct to convict his client given the low gravity of the offending.

Really. It’s no big deal for a man to stop a woman speaking by assaulting her, is it. Is that because women just don’t matter?

Rubashkyn was deeply remorseful for her actions and the impact it had on the two victims and the wider communities on both sides of the aisle, Olsen said.

Was he? Why? Why be deeply remorseful if the actions were low gravity?

Olsen said Rubashkyn’s offending was born out of her attempt to support those within the LGBTQI+ and transgender communities and was significantly affected by Parker’s attendance.

Wait, what? Why do trans people get counted twice? Why the LGBTQI+ and the transgender communinnies?

Olsen said Judge Lummis hadn’t properly considered the general consequences of the conviction and submitted it was out of all proportion given the offending.

“This was pouring tomato juice as an act of protest to prevent Ms Keen from speaking,” Olsen said.

No it wasn’t. It wasn’t “pouring tomato juice”; it was pouring tomato juice over a woman’s head to prevent her from speaking. Also keep in mind that she couldn’t know at the time that it was only tomato juice.

She is a qualified pharmacist and researcher and an advocate for intersex and gender issues at the United Nations. The conviction will have an impact on her ability to travel for work and gain employment in pharmacy.

Good. It ought to.

H/t Rob

Comments

3 responses to “Given the low gravity of the offending”

  1. Southwest88 Avatar

    It was pouring some liquid substance over the head of a woman to stop her speaking — the victim could not know at the time that it was tomato juice. Given how easy acids and corrosive liquids are to obtain, this is an act of terrorism because the victim goes through a time of not knowing what this substance will do to them. The people viewing the event are also victims of terroristic threat because they are being told it can happen to you if you don’t obey – and when it happens to YOU, it may not be tomato juice. That man is a scumbag.

  2. Nullius in Verba Avatar
    Nullius in Verba

    How much of Genderism amounts to trying to avoid consequences?

  3. Holms Avatar

    Olsen told Justice David Johnstone that Judge Lummis was not correct to convict his client given the low gravity of the offending.

    But that’s not an argument against conviction, it’s an argument to be used at sentencing after guilt has been established.

    Rubashkyn was deeply remorseful…

    Empty words deployed as a matter of course at every sentencing trial in any case where the opposite cannot be proven.

    The conviction will have an impact on her ability to travel for work and gain employment in pharmacy.

    yes, that’s a pretty common consequence of criminal convictions. I was led to believe that was the point of punishment…?