Doubts lead to reduced charges
GRIEVOUS bodily harm charges will be dropped against a Geelong trio accused of bashing a White Rock man in the Cairns City centre.
The Cairns Magistrates Court was told the complainant went missing for 25 minutes before the alleged assault making it difficult to determine when the serious injury, a fractured eye socket, actually occurred.
Matt Jamieson, Rennan McMahon and Zachary Wright were each charged with causing grievous bodily harm in November 2016.
“The evidence as it stands leaves a number of very unresolved issues,” Cairns Magistrate Robert Spencer said reading out a no case submission for the defendants.
CCTV footage showed the complainant attacking Mr McMahon and Mr Wright inside Gilligan’s Nightclub. They did not respond with any form of violence.
The complainant walked away from the club about 10.45pm.
“There is no evidence as to where he went or what he did in the intervening period,” Mr Spencer said.
The man and his girlfriend both said “they cannot recall virtually anything about the incident”, Mr Spencer said.
He bumped into the trio outside a Shields St NightOwl. CCTV footage showed the complainant acting aggressively ACCUSED: Mr McMahon, Mr Wright and Mr Jamieson. toward his girlfriend and smashing her mobile phone.
The trio intervened and recognised the man from the Gilligan’s episode.
Mr McMahon’s only involvement was an initial push of the man. Mr Spencer said there was no case against him and charges were dropped.
Mr Jamieson and Mr Wright were involved in allegedly punching the complainant, who fell to the ground.
However, Mr Spencer said there “was no clear evidence in my view” as to when the critical injury occurred and so it was not appropriate to commit the pair to the higher court on grievous bodily harm charges.
Instead, he said Mr Wright should be committed on assault causing bodily harm and common assault charges and Mr Jamieson on common assault charges. The case was adjourned to later this month when Mr Spencer said he would drop the grievous bodily harm charges against Mr Wright and Mr Jamieson.