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Full Breakdown

Trial of Auckland Developer Andrew Montgomerie Ends in Hung Jury

2/5/2026, 9:43:33 AM

Incident Overview: Cocktail Party Turned Violent

In April 2021, a cocktail party at a Westmere property hosted by developer Mark Ensom escalated into a violent incident involving Auckland property developer Andrew Montgomerie. Montgomerie is accused of wounding another man by allegedly smashing a broken wine glass against his neck during a heated exchange. The complainant, who works in the same industry and has sought permanent name suppression, claims that Montgomerie attacked him without provocation. The trial concluded with a hung jury, indicating that jurors could not reach a unanimous decision.

Divergent Accounts of the Incident

The defense, led by lawyer Ron Mansfield, argued that the complainant was the initial aggressor, fueled by cocaine and alcohol, and that Montgomerie acted in self-defense. Montgomerie testified that he raised his arm instinctively to deflect a perceived punch, resulting in the glass cutting the complainant's neck. Conversely, the complainant described Montgomerie as having shown aggression first, claiming he was blindsided by the glassing while attempting to walk away from the confrontation.

Medical evidence presented during the trial indicated that the complainant sustained a 2.5cm deep cut requiring exploratory surgery, although it was ultimately deemed non-life-threatening. The defense questioned the credibility of the complainant's account, suggesting that his testimony was exaggerated due to his animosity towards Montgomerie.

Key Testimonies and Evidence

Prosecutors Ruby van Boheemen and Isabella Joe contended that Montgomerie's actions were a violent reaction to the complainant's remarks about a past financial dispute. They highlighted inconsistencies in Montgomerie's statements, including a text message where he initially claimed the complainant had punched him, which he later retracted during testimony. The only independent witness corroborated the complainant's account, stating that she did not observe any threatening behavior from him prior to the incident.

Montgomerie's defense focused on the complainant's cocaine use, arguing that it impaired his judgment and led to the confrontation. Mansfield emphasized that the chaotic environment of the party could have contributed to the incident being misinterpreted.

Criticism of Montgomerie's Defense

Prosecutors challenged Montgomerie's narrative, suggesting that his explanation for the injury was implausible. They argued that if he intended to block a punch, the injury would not have occurred on the left side of the complainant's neck. Furthermore, they questioned why Montgomerie and his partner left the party without acknowledging the injury, labeling their exit as indicative of a "consciousness of guilt."

Conclusion and Next Steps

The trial's conclusion leaves unresolved questions regarding the events of that night. Montgomerie faces potential retrial, where he could face up to seven years in prison if convicted. The jury's inability to reach a verdict underscores the complexities of the case, marked by conflicting testimonies and the challenging dynamics of a social gathering that turned violent. The court will determine the future course of action regarding the complainant's request for name suppression and any potential retrial for Montgomerie.

Verbatim Quotes

  • “People accidentally get cut at parties all the time.” — Ron Mansfield, Defense Lawyer
  • “He was furious. This was a violent reaction in the heat of the moment.” — Ruby van Boheemen, Crown Prosecutor
  • “I didn’t see him hold his neck. I was standing there trying to figure out what happened. I was very surprised.” — Andrew Montgomerie, Defendant
  • “He looked scared, sort of a bit pale,” — Mutual Acquaintance Witness