Pokies brawler guilty verdict

A NORTHERN Tasmanian man has been found guilty of assault, following an incident at a Perth pub in 2017.

The jury deliberated for about two hours before finding Christopher Allan McCulloch, 33, of Whitemore, guilty of one count of assault against Adam Cawthen, 46, of Perth.

McCulloch pleaded not guilty to the charge, defence barrister Katarina Gauden arguing that he acted in self defence when he punched Mr Cawthen twice in the face following a dispute over a poker machine in the Queen’s Head Inn on March 19, 2017.

But the jury found McCulloch’s actions were not taken in defence of his wife, Natalie McCulloch, and the level of force used was unjustified.

During the trial in the Supreme Court in Launceston, under Justice Michael Brett, the jury heard testimony from Mr Cawthen and his wife, Olivia, and the accused also chose to give evidence.

Prosecutor John Ransom also showed the jury security camera footage of the fight.

Mrs McCulloch removed the reserved sign that had been placed on a poker machine by Mrs Cawthen, sparking an argument in which Mrs Cawthen shoved Mrs McCulloch.

As Mr Cawthen attempted to pull his wife away from the fight, Mrs McCulloch reached for Mrs Cawthen, prompting Mr Cawthen to push Mrs McCulloch’s hand back.

At this point Mr McCulloch grabbed Mr Cawthen, dragged him to one side of the scuffle and punched him twice in the face, causing a black eye and a fractured cheek bone.

Mr Ransom argued that at the point where Mr McCulloch had physically pulled Mr Cawthen away, any threat to Mrs McCulloch had already been neutralised, so the punches were unnecessary and thrown in anger, not self defence.

In sentencing submissions, the court heard that McCulloch — a logtruck driver and father to a two-year-old daughter and 10-year-old stepson — was still serving a suspended sentence for a previous assault at the time of the March 2017 assault, and Justice Brett said he would have to consider activating that suspended sentence in light of this latest conviction.

An assessment for home detention will be completed and McCulloch has been bailed to reappear on Friday for sentencing.