A 65-year-old man who was left with a bleeding face after being assaulted by his partner’s ex-husband in an unprovoked attack says he’s worried the man will seek revenge.

Earlier this year, the victim and his partner went to look at a car at Gilles Pierre Herbrecht’s address. Herbrecht was his partner’s ex-husband.

As the victim was looking under the bonnet of the car, the 41-year-old security worker approached with closed fists, saying: “Do you even know anything about engines?”

The victim responded he did know about engines and, while under the hood, Herbrecht struck him in the face. His ex-wife tried to intervene as Herbrecht pushed the victim again.

The pair got back into the car, but Herbrecht attempted to hit the victim again while leaning in through the driver’s window, all in the presence of a child who was in the rear seat of the car.

Herbrecht is now before the courts and has this week pleaded his case for a discharge without a conviction for the assault after pleading guilty to one charge of common assault. He’s argued a conviction would severely impact his career in security equipment services he provides to a number of stakeholders, including the Ministry of Justice and Ministry of Education.

However, at a recent hearing in the Whangārei District Court, Judge Greg Davis said he wasn’t sure he had a lot of sympathy for the man.

Lawyer Jarred Scott said his client was required to hold a registered certification in security to undertake his job and a conviction would mean Herbrecht would have to disclose convictions to the ministry, police and schools.

Judge Davis challenged Scott, saying this is the exact type of information the ministry would want to know, given he would be working within courts with judges.

“If I understand your application, you are saying he won’t have to disclose any of this to any employer? I’m not sure I have a lot of sympathy,” Judge Davis said.

“The consequences outweigh the gravity of the offending – he’s punched a 65-year-old man.”

Police prosecutor Andrew Ivey agreed and said it was important the conviction was recorded.

“Yes, a conviction is a threat to his certification … but Section 64 of the Act allows for circumstances for him to make an application [to the security personnel licensing authority] and an opportunity to put his story forward,” Ivey said.

During the legal debate, Herbrecht closed his eyes and appeared to be praying. As the victim read his impact statement, he was visibly smiling from the dock throughout the reading.

The victim said the assault left him in a state of fear that Herbrecht would return for revenge.

“I realised this man is not making any jokes, he wants to really hurt me. I’m afraid – what if next time, he is hiding in a bush? It gives me an uncomfortable feeling,” the victim read in court.

Judge Davis said the victim was fearful of retaliation, the assault was particularly aggravating because of the victim’s age and he did not accept Scott’s argument.

“All of this was brought about because of the victim’s behaviour towards him. He doesn’t seem to have any remorse,” Judge Davis said.

The discharge without conviction was declined. The judge instead convicted Herbrecht, who has recently completed an anger management course, but didn’t impose a sentence.

Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/Ngātiwai/Ngāti Pūkenga descent and has worked freelance in digital media for the past five years. She joined NZME in 2023.