Hastings, Sept 9 NZPA - Hawke's Bay merchant banker Sam Kelt has been convicted of deliberately kicking a passing car as he walked down the middle of Hastings' main street to buy a late-night burger last year.

Kelt was found guilty and fined $130 court costs after a day-long defended hearing before two justices of the peace in Hastings District Court today.

Kelt maintained he was acting in self-defence when he kicked a Subaru car that drove past him in Heretaunga Street at 10.20pm on October 19.

He said the car had swerved at him, and his kick was "an instinctive, self-preservation action".

The driver of the car, Mani Kumar, admitted swerving at Mr Kelt, but said it was only in retaliation after Mr Kelt kicked his car.

Witnesses told the court Kelt appeared to be drunk as he walked down the centre median strip toward McDonalds.

Kelt said he might have looked drunk, but he was in fact exhausted after weeks of long working days. He had not eaten anything since 7am that day, and had consumed only "one or two" glasses of wine with staff during the early evening.

Security guard Daniel Gardiner said he saw Kelt standing in the middle of the road. He said he pulled over yelled at Kelt to get off the road and come back on to the footpath.

He said Kelt responded by telling him to f*** off and gave him a one-finger salute.

Mr Gardiner phoned police for help.

"I didn't want to get tangled up with someone in the middle of the road," he said.

He said he then saw Kelt point at and move toward the Subaru, which went a short way up the road to a roundabout and came back toward Kelt, who then landed a "flying kung fu kick" into the side of it as it passed by. The car was not speeding, Mr Gardiner said.

"He launched into it. He propelled himself forward and had a crack at it."

Police constable Ben Howat said when he arrived, Kelt was "swaying and appeared to be intoxicated". His speech was slurred.

He took Kelt back to the police station where he arrested him and charged him with disorderly conduct. Kelt twice refused opportunities to phone a lawyer.

Kelt spent more than two hours in the stand answering questions, and several times told police prosecutor Nigel Wolland his comments and suggestions were "preposterous".

"I take grave offence at the continual suggestions during this hearing that I was under the influence. I simply was not," he said.

He had walked down the middle of the road for 30-40 metres after being prevented from crossing it by speeding, modified cars, he said.

When he found McDonalds had closed for the night, he turned to make his way back to his office, but was confronted by Constable Howat.

He got into the police patrol car only because he was ordered to, not because he could see any reason for it, Kelt said.

JPs Alison Thomson and John Cameron said they did not believe Kelt was provoked into kicking Mr Kumar's car, and that no member of the public should be subjected to such actions.

They rejected a submission by Kelt's counsel, Jonathan Krebs, not to enter a conviction against his client, whose business depended on his reputation and good character.

Kelt suffered severe head injuries in a confrontation with boy racers in Mount Maunganui in July 2006.

He told the court today he had never had trouble with them in Hawke's Bay.

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