Thread: Man accused of wife beating 'was dancing'

Turkish 'dancer' found guilty
Last updated 05:00 30/09/2010

A Hawera kebab shop owner has been convicted of assaulting his wife after the judge dismissed his claims they were performing a traditional Turkish dance as "nonsense and a lie".

Allaetin Can, 41, was yesterday found guilty of assaulting a female on July 30 this year and ordered to pay a $1500 donation to Women's Refuge after a defended hearing in the Hawera District Court.

The case attracted world-wide media attention in August when Mr Can and his wife Elmas claimed the altercation where they were seen by a witness in the Victoria St carpark was just a performance of the physical Turkish dance known as kolbasti.

Can claimed they were celebrating a profitable lunchtime trade.

But Judge Allan Roberts described Can as "a manipulative, deceitful man" who was using his family to protect him.

"I reject the explanation as a lie," the judge said.

The publicity of the dance was "an elaborate attempt on his part to provide an answer to the prosecution case", the judge said.

"Evidence before me leaves me in no doubt this was an assault.

"Cowardly, brutal, inexcusable, and he denied it."

Judge Roberts severally criticised the defence for letting the Can's teenage daughter take the stand and the Taranaki Daily News for its pre-hearing coverage.

"This proceeding has developed into a charade.

"This is an investigation of domestic violence. Incidents should not be trivialised or crafted to tell stories."

During sentencing, Can kept saying in the dock that he "didn't do it" before Judge Roberts cut him off and threatened to "put you out the door".

"The only reason I'm not going to jail you is because it would probably tear your family apart. But you didn't give much thought to that when you kicked your wife on the ground on 30 June.

"You're going to get the message, whether you want to or not. Don't you ever, ever again lay a hand on a woman."

Earlier, a witness who has name suppression, told how Can kicked his wife in the back when she was on the ground with a loud thud that could be heard 30m away.

"They weren't cuddling. It looked to me the man was holding the woman around the head, like a headlock.

"There was resistance, she then fell to the ground. She had landed on her side and he kicked her in the back.

"From what I saw he was giving her a hiding."

The witness called out and Mr Can immediately went back inside his shop, while Mrs Can waved the witness away and yelled at her husband.

Defence counsel Grant Vosseler produced photos taken by the Taranaki Daily News showing the Cans engaged in a kolbasti dance in their kitchen.

In succession, both the Cans and their 14-year-old daughter took the stand, saying through a Turkish interpreter that they were dancing and the language barrier meant police had not understood that.

Mrs Can said she had fallen because she twisted her ankle and her husband had to rush inside to serve a customer.

"I imitate the hitting, but I don't actually hit," Can said.

"I never hit my wife, I never make her unhappy.

Police prosecutor Steve Michael said Can claimed he never saw the witness, despite looking right at her, and he had just left his wife lying on the ground.

"No, this wasn't true, I don't remember such a thing. I'm not crazy enough to beat my wife in the street," Can replied.

In the video taken of his police interview, Can claimed people "don't like him" because he "has good business".

Can will make his $1500 donation in weekly $250 payments.