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Aug 29, 2023

KFC staff lock doors to protect father, son from attacker with metal pipe

Two men escaped an attacker who had threatened to run them down at a bus stop by fleeing to a nearby KFC restaurant where staff locked the doors to protect them.

The lead offender in last July's frightening event, Codey James Foster, has now admitted the bulk of charges laid against him, while a co-accused was yet to enter a plea to one charge of being a party to the offending.

Foster admitted in the Nelson District Court on Friday nine charges associated with the incident, including assault with a blunt instrument, driving in a dangerous manner, possessing an offensive weapon, unlawful possession of a firearm and ammunition, and possession of cannabis.

A small number of other charges were withdrawn.

Events unfolded at a bus stop in the Nelson suburb of Tahunanui last July and ended minutes later with the victims taking refuge in the nearby KFC restaurant, protected by staff as Foster tried to gain entry through doors that had by then been locked.

Two men fled to safety down this alleyway while being chased by a driver in a car that at times was only a metre from them. Photo / Tracy Neal

The 36-year-old's co-offender was alleged to have been with him, also trying to get in.

It was mid-afternoon when the victims, a father and son, were waiting for the bus outside a local bar and café.

Foster drove past and saw the first complainant waiting at the bus stop. He accelerated and drove his vehicle at them.

The first victim yelled at his son to run when they turned and saw the vehicle coming at them at speed.

Fearing for their safety they ran down the driveway beside the bar which leads to a car park at the rear.

Foster continued to chase them in his vehicle, at times coming within a metre of striking the pair as they tried to escape, the court heard.

Once in the car park, Foster stopped the vehicle, then got out and began chasing the pair on foot, with the co-offender allegedly also in pursuit.

Foster was carrying a black metal pipe which he swung at the complainant, narrowly missing his head as he scrambled over a fence to safety.

Foster then returned to the vehicle and drove off.

The second victim, while running away in circumstances where he feared for his life, caught his arm on a gate latch and received a serious cut as he fell, and grazed his forehead.

The pair then ran off and sought sanctuary in the nearby KFC, where they asked staff to call the police.

Foster tried to follow them into the premises, but the staff locked the doors. Police then arrived and arrested him and the co-accused.

During a search of his vehicle police found in the rear passenger footwell a black metal pipe, which was thought to have been used to strike the complainant as he fled.

Police found a baton made of the leg of a piece of furniture and in a bag, they found a dismantled 12-gauge shotgun and shells. They also found a bolt action rifle and 36 bullets to go with it.

They also found a small amount of cannabis plant material.

Foster told police he saw someone he thought had taken money from him and wanted to get it back.

The firearms weren't intended for anything bad, but Foster told police he had them because he was "returning them to an uncle" but there was no evidence to support that, the court heard.

Judge Jo Rielly said at an earlier hearing the victim impact statement showed the younger of the two complainants was left shocked by what happened and in the days that followed he still felt worried and unsure of why it had happened.

His father said he had met Foster once before. Afterwards, he had been too scared to leave home out of fear he would be approached and was terrified it would happen again.

Foster was described as having led a pro-social life up until his early 30s, after which he "may well have come unstuck".

Foster, who now lived in Ōamaru and appeared in court via video link, was convicted and remanded on bail to a nominal date in June, to set a date for sentencing.

The co-offender was remanded to the same date to enter a plea.

-Tracy Neal, Open Justice

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-Tracy Neal, Open Justice
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