Eli Rubashkyn, who poured tomato juice on anti-trans activist Posie Parker, was convicted

Posie Parker and Eli Rubashkyn.
Photo: Eli Rubashkyn / Delivered / RNZ / Rayssa Almeida

An activist who poured tomato juice on controversial British anti-transgender rights activist Posie Parker during a loud speaking event and counter-demonstration says only God can judge her after her request for acquittal without conviction was rejected this afternoon.

Eli Rubashkyn was found guilty of two counts of assault in connection with the incident on March 25 last year in the Band Rotunda in Auckland's Albert Park.

Rubashkyn pleaded guilty to the charges in June through his attorney James Olsen during a brief appearance via audio-visual link before Judge Claire Ryan.

Yesterday, Olsen asked Judge Kirsten Lummis to grant his client release without conviction, arguing that the overall severity of her crime was minor and that Rubashkyn had tried to prevent Parker from sharing her transphobic views.

Judge Lummis, however, was not convinced.

She told the court today that the seriousness of the crime was particularly high because it was a “well-considered, deliberate attack”, which Rubashkyn later justified to the media.

While Judge Lummis acknowledged that Rubashkyn, whose real name is Eliana Golberstein, felt remorse, she noted that Rubashkyn's statements to the court did not include an apology.

“I wonder if it's true regret. I can understand regret and that if you could go back in time you would do things differently, but as far as regret goes, I wonder.”

In passing sentence, she referred to the personal problems Rubashkyn has faced as an intersex person, including being stabbed and shot in her home country, and to Rubashkyn's volunteer work supporting gender-diverse organizations.

“You have become an advocate for the rainbow community… You are grateful for what New Zealand has offered you.”

Judge Lummis told the court that Rubashkyn had received death threats following the attacks and agreed with Olsen that Rubashkyn had already received enough punishment.

With this in mind, Judge Lummis decided not to impose a sentence, resulting in Rubashkyn being convicted of his crimes and acquitted.

The maximum penalty for the charge is six months in prison or a $4,000 fine.

“Don't lose faith and hope because of this decision. I know it's not what you wanted,” she told Rubashkyn.

“From here, I wish you the best of luck on your future path.”

As Rubashkyn left the courtroom, he addressed reporters and said, “Only God judges, and I want only God to judge me.”

Parker, whose real name is Kellie-Jay Keen-Minshull, is named in court documents as a plaintiff in one of the charges.

The other complainant is Tania Suzanne Sturt, who helped organise the event in March and was standing next to Parker at the time. She was also doused with juice.

In a victim impact statement, Sturt said she thought the liquid was acid when she touched it on her head. “I was waiting for my skin to burn.”

“First I felt fear and then disgust and hurt.”

She told the court that she was undergoing therapy for her trauma and was still struggling with the symptoms of the trauma.

According to the summary of facts, Rubashkyn arrived at Albert Park at around 11am.

Parker later arrived amid a large counter-demonstration involving many people from Auckland's rainbow and transgender community and their supporters.

Parker entered a band rotunda to address the crowd and was greeted with a hug from Sturt.

Rubashkyn was also in the rotunda and had a one-liter bottle of Keri Premium tomato juice with him, the summary of facts said.

Rubashkyn approached Keen and Sturt and poured the tomato juice over them both, covering their hair and clothing.

Parker's security escort grabbed Rubashkyn, dragged him away, and forcibly dragged him out of the rotunda. Rubashkyn was then pelted with a water bottle.

“Ms Keen eventually abandoned her public speaking engagement and was assisted by police from Albert Park.”

Neither Keen, alias Parker, nor Sturt were injured, according to the summary.

Rubashkyn declined to make a statement to police, but admitted to drugging Parker in a media interview immediately after the incident.

Rubashkyn wanted Parker to know that “their words are blood because they are killing our people.”

“This is my safe place, my safe haven, and I will not allow that to be taken away from me because this is my home,” Rubashkyn said.

Before this case, Rubashkyn had not appeared in court.

– This story was first published by NZ Herald