In offering diversion the Police prosecution would not be permitted to take into account Aries original unwillingness to prosecute for a serious assault.

While diversion would be the normal offering, if the facts are disputed, as they are to some extent, Police are constrained to quite an extent in offering diversion.

Other factors that may have impacted on this very unexpected decision:

a) "...public interest requires that prosecution proceeds..." (Likely to have been considered closely)
b) "The offender must accept full responsibility for the offence by admitting that they
committed the offence. They must also show remorse for their actions." (Disputing certain facts might be considered to more than impair acceptance of responsibility and evidence of remorse)
c) "Burglary is generally considered too serious for diversion although the offence may be more technical in nature." (Apparently available)
d) "If an area is experiencing an outbreak of a particular type of offending which
might ordinarily be eligible to have diversion considered, the district prosecution
manager may, in exceptional circumstances, seek to exclude particular offences
from diversion for a specified period." (Likely to have been available)
e) "Where the circumstances of the offence have more features which are
considered to be aggravating factors that should suggest to the diversion officer
that diversion is unlikely to be appropriate in the public interest." (Misreading this as a looting situation when it is not may have made this available)

If Arie is elligible for diversion, but this is opposed by Police and the Judge does not over-rule their submission, I suspect there will be an outcry greater than that seen when Jackie Lang was wrongfully dismissed by Subway for sharing a drink with a friend, and he would probably change his plead (as permitted to) to 'Not guilty'.

If Arie is given diversion, there will at least be a muted outcry from those not up with what really happened.

It remains to be seen whether or not the Judge in the case will choose to admonish media present about "possession of the full facts" to help head the latter off.

Having had some experience of mysterious abuse directed towards people with Autism/Asperger's, and having queried some of the irrational abusers, I am beginning to suspect that their bullying and name-calling stems from:
a) something akin to small weener syndrome (they misunderstand that our brains are not bigger, just circumscribed at one end and fatter at the other)
b) a deep and petulant desire not to surrender an inch to belief in the invisible (Autism being a non-apparent condition - witchcraft virtually!, a made-up PC illness tailored for the new millenium free-loaders among us, emperor's clothes in fact)
c) jealousy at the popularity the condition experiences on the big screen and in the media at the moment (pseudo-sibling-rivalry directed at everything from Big Bang to a slender fear sneaking up somehow that uncool might, yuk, somehow, become... cool in a weird way, i.e. be accepted).

Hi Sophie,
Should you wish to, you might also make contact regarding the Arie Attack with:
Lawyer: Simon Buckingham simon@buckinghamlaw.co.nz
Aspie Community Advocate: Paula Jessop pjj3@waikato.ac.nz
ASNZ advocate: John Greally info@asnz.exofire.net
Tks,
John

Arie Smith, "Face of Looting", turns out to be, in my opinion, yet another actual Christchurch Earthquake hero for the sacrifice he is choosing to make - he has chosen to hold off making a complaint about Police behaviour because of stress and his support for the excellent job the Police are doing in Christchurch.
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10711260
Lawyer, Simon Buckingham said "The one thing he doesn't want is for police to be bagged at a time they need the New Zealand public behind them."

Approx 31,000 of one of our autistic on-line communities seem not unhappy to be members of Aspies for Freedom. For me that indicates at least some momentum towards general (but not total) acceptance of that cultural/community term. Anything that demedicalizes what is after all a non-medical issue has got to be a step in the right direction.