Eli Rubashkyn, 35, has pled guilty to two charges of assault after pouring a can of tomato soup over Posie Parker, a self-described women’s rights activist who has been labelled by critics an anti-transgender rights activist.
The incident happened at a rally in Auckland’s Albert Park in March of 2023, at which Ms. Parker was scheduled to speak.
Her presence led to the organisation of a counter-protest, and the event quickly spiralled out of control.
About 150 to 200 of Ms. Parker’s supporters attended, but they were heavily outnumbered by people opposed to her presence, with the crowd estimated at around 2,000 people.
When Ms. Parker began to speak, standing on the band rotunda, she was drowned out by noise from the protesters. During the commotion, Ms. Rubashkyn, whose legal name is Eliana Golberstein, stepped onto the platform and poured a can of tomato soup over her.
Two Victims Were Covered In Soup
Ms. Rubashkyn appeared in the Auckland District Court via video link during a brief appearance and pled guilty to the charges via her lawyer James Olsen, who asked that no convictions be entered and indicated he would be seeking a discharge without convictions.
The reason for there being two charges is that there were two victims: Ms. Parker and a woman standing next to her who helped organise the event and who was also doused in juice at the same moment.
The transgender and intersex activist had initially pleaded not guilty and the matter was set down for trial until the unexpected guilty plea was entered.
In October last year, Judge Claire Ryan rejected an application from Mr. Olsen to dismiss the charges, who argued there was no case to answer and insufficient evidence to establish intentional criminal offending to the level required to prove the assault charges. Police opposed the application.
Ms. Rubashkyn has repeatedly admitted to pouring the juice in media interviews both at and after the protest.
Judge Ryan said at the time that she did not accept “that protest and counter-protest should be expected to end in violence. People in this diverse and tolerant society, when they go to protests, should expect that they can protest peacefully.”
If convicted, Ms. Rubashkyn could face up to six months in prison and a $4,000 (US$2,500) fine.
Judge Ryan set a sentencing date of Sept. 2.
However, a judge declined to enter a conviction, saying it would be out of proportion to the seriousness of his offending. He also granted permanent name suppression and ordered the man to pay $1,000 reparation to the victim.
Before Ms. Parker’s visit, then-Immigration Minister Michael Wood condemned her views and said he'd prefer she “never set foot in New Zealand.”
Meanwhile, then-Prime Minister Chris Hipkins condemned the scenes that unfolded at the event.
“I don’t believe people should throw things at a protest, whether what they’re throwing is soup or a brick,” he said.
“Ultimately, the right to free speech does not extend to the right to physical violence, and so I would condemn that regardless of who’s engaging in that type of activity.”
