A Levin man has been convicted for his role in an assault at a Wellington gay bar last August.
Adrian Sherman, 23, has been sentenced in the Wellington District Court to four months community detention, six months of supervision and ordered to pay reparation of $450.
Sherman assaulted Ivy Bar and Cabaret manager Steve Mawhinney after he had asked Sherman and his group to move away from the bar entrance.
In sentencing, the judge said if the prosecution had proved the assault was motivated by homophobia he would have considered imposing a prison sentence, but he said it did not.
Outside court, Mr Mawhinney said he was disgusted police did not try to prove that homophobia was a factor in the attack.
"It's unfortunate that the prosecution decided to withdraw the nature of the homophobic attack, which it was, 100 percent was, a homophobic attack, in my bar."
He did not know why police withdrew the argument, he said, as he remained adamant it was the key reason behind the attack.