Lawyer punch wasn’t assault
A SOLICITOR was acting in self-defence when he punched another man in the nose after a Mermaid Waters house warming party, a court has ruled.
Jarad Peter Maher, 35, was found not guilty in the Southport Magistrates Court yesterday after a two-day hearing over an assault occasioning bodily harm charge.
He was accused of punching Bundaberg man Dean Pozzan in the face, leaving him with a broken nose, after a friend’s house-warming party just after 11pm on July 2, 2016.
Magistrate Mark Howden made the finding after the twoday hearing, which included both Maher and Pozzan giving evidence.
Mr Howden said it was clear Maher was acting in selfdefence.
“I find the complainant (Pozzan) was the aggressor,” he said.
Maher, who works as a dispute resolution lawyer, yesterday told the court Pozzan came at him while he was waiting for an Uber outside the Mermaid Waters home.
“I have seen Dean running from the house towards me. He tackled me,” he said.
“He grappled around my eye area.”
Maher said the pair wrestled for a bit and he tried to protect his head and face while Pozzan threw punches.
“I eventually threw a punch towards the direction they were coming from,” he said.
“I didn’t see where it connected … I think I might have had my eyes temporarily closed.”
Maher said he opened his eyes to see Pozzan falling to the ground.
During the hearing the court was told the pair had earlier argued over Maher’s boxing ability before Maher was asked to leave by the host, Andrew Kyle, due to Maher’s level of intoxication.
In evidence delivered in March, Mr Kyle said he saw Pozzan walking aggressively towards where Maher was waiting outside the home.
The court was told the pair then fought.
Pozzan claimed he stopped when two women told the pair to and about 20 seconds later Maher punched him.
The two woman told the court they did not see a break in the fight before the punch.
Mr Howden said he did not find the evidence of Pozzan reliable as there were large parts of the events he could not recall or were inconsistent with his original police statements.
Outside court, Maher said: “I am very pleased with the result and am glad it’s resolved.”
His lawyer Chris Nyst, of Nyst Legal, applied to have police prosecution pay for legal costs.
Mr Howden reserved decision to a later date. his