No appeal for bookie convicted of assault

A BOOKMAKER who assaulted a colleague at a race meeting has failed in his attempt to appeal his conviction.

Gerald Landsborough Bode was convicted in the Townsville Magistrates Court of assaulting another bookie at a race meeting in August 2015.

Bode and the victim, Lloyd Frank Mitchell, had jointly owned a beach hut with other friends, and there was an agreement that each of the partners except Mr Mitchell would receive $ 11,000 from the purchase price. Mr Mitchell would only receive $ 4000.

On August 29, 2015, Bode went to Mr Mitchell’s bookmaker stand at the Ingham races and gave him an envelope containing $ 3400.

Court documents show Mr Mitchell asked Bode’s wife about the sale and she said they received legal advice and that was all he would get.

Mr Mitchell gave evidence at the initial trial that at the end of the day, Bode approached him in the carpark and punched him the forehead, knocking him to the ground. But Bode gave evidence that Mr Mitchell initiated the assault, which the magistrate did not accept.

Bode previously tried to appeal the conviction in the Townsville District Court.

Justice Walter Sofronoff said in the Court of Appeal that the magistrate found Bode hit Mr Mitchell with his right shoulder, putting him off balance, before punching him in the middle of his forehead with his right hand.

Bode again applied for leave to appeal the conviction, saying Judge Stuart Durward failed to rehear the case, but the Court of Appeal refused the application.