Towie retrial over ‘assault’

A TOW truck driver accused of assaulting a competitor on the M1 will face a new trial after his conviction was overturned on appeal.

Lawyers for Steven Lee Mether, who is charged with common assault, successfully argued that the magistrate failed to “properly consider and apply the defence of provocation” during a trial in May 2021.

It was alleged in court documents that on September 12, 2020, Mr Mether threw a folder at the man, hitting him in the head.

During evidence, the alleged victim said he and Mr Mether were waiting near the M1 when they both were alerted to a crash.

While travelling on the M1, the alleged victim claims he saw Mr Mether “slam his brakes on”, causing him to crash into the $180,000 truck.

They continued driving to the crash site only to find that the vehicle involved didn’t require towing.

A dispute then arose about the collision involving their tow trucks. Dashcam footage allegedly shows Mr Mether thrust a clipboard at his rival, which hit the side of his face.

The court documents said an argument appeared to follow. Under cross-examination, the alleged victim accused Mr Mether of brake-checking him.

In his police interview, Mr Mether said traffic was heavy and people were stopping in a hurry when the alleged victim crashed into his truck.

He said the “complainant” would not give him his details at the accident “and that is why I was so angry with him” and “threw the black folder in the heat of the moment”.

“If he hadn’t have run into me, nothing would have happened. I wouldn’t be sitting here right now,” Mr Mether told police. “And if he had have exchanged details, we wouldn’t be sitting here right now. It’s preventable.”

His legal team argued that the defence of provocation could be met because the alleged victim “wrongly” accused Mr Mether of fault and then refused to provide his personal details as required by law.

The District Court appeal judge ruled in favour of Mr Mether, noting the magistrate did not complete a crucial element in considering the defence of provocation.

The judge ordered a retrial before a new magistrate and set aside the common assault conviction.

Mr Mether’s solicitor, Jason Jacobson, of Jacobson Mahony Lawyers, told the Bulletin: “The matter was a dispute between rival tow truck operators that really shouldn’t have taken the police resources and court time that it did.”