Claims bat swung in defence

Police to investigate further before proceeding with charges

A LARA man is claiming selfdefence after being charged for whacking a home invader in the face with a baseball bat, fracturing his eye socket, breaking his nose and chipping his teeth.

Police are considering withdrawing the charges against John Rupa after Geelong Magistrate Ann McGavie yesterday heard some of the evidence against him.

“Sounds to me like he has a good defence,” Ms McGarvie said.

The court heard a group started causing a ruckus outside Mr Rupa’s home about 3am on November 5 last year.

The defendant took a base- ball bat with him to investigate, and was confronted by four people, one of whom was allegedly brandishing a tyre iron.

About 30 minutes of “argy bargy” followed out, with the defendant’s wife and a neighbour watching through their windows.

The court was told the youngsters were angry, threatened they were going to kill Mr Rupa, and three, including the person with the tyre iron, charged at him.

“He says they ran at him and he swung the bat to protect himself,” Mr Rupa’s lawyer said.

Ms McGarvie asked why no one called police, but noted two of the youngsters were later arrested for drunkenness.

She said the accounts given by residents, including the neighbour — who told police his wife urged him not to go outside because of the possible danger — counted in Mr Rupa’s favour as he prepared to contest a series of charges, including counts of intentionally causing injury and assault with a weapon.

“I think if Mr Rupa’s evidence and his wife’s evidence is accepted in conjunction with the evidence of the neighbour . . . he may well have a defence of self-defence,” Ms McGarvie said.

Prosecutor Acting Sergeant Alex Good pledged to discuss the matter with the informant before Mr Rupa’s next scheduled court appearance to decide if police would proceed with the charges.