News

Court overturns jawbreaking conviction

A MACKAY visitor convicted of breaking a man's jaw over a nightclub seating spat has been acquitted of the offence.

Kevin David Thomson, 43, from Grasmere in southern Sydney, was sentenced to two years and six months in jail after a jury found him guilty of grievous bodily harm in August this year. 

The Queensland Court of Appeal found the evidence against Mr Thomson was insufficient to satisfy a jury beyond reasonable doubt of his guilt.

Three appeal court justices acquitted him of the assault on July 24, 2014 in the male toilets of Rum Bar in Mackay.

The appeal judgment, handed down on Tuesday, detailed how the assault occurred after the alleged victim told someone to "F...... off,” after they told him he was sitting in their seat.

About 20 minutes later, he was punched in the head in the toilets.

The case against Mr Thomson, who was alleged to have committed the offence while in Mackay for a mining conference, came down to identity.

The appeal court agreed there was not enough evidence to prove Mr Thomson was the person in the toilet where the assault happened.

The victim of the assault could not describe the person he argued with over the seat, or the person who attacked him in the toilet.

The trial jury relied on witness testimony from various patrons and a security guard who were present on the night.

Justice David Boddice said witness descriptions of the alleged assailant were "fleeting” and did not at all uniquely identify Mr Thomson.

Witnesses described the assailant as a "big guy”, who had a proportionate build.

There was conjecture over whether the assailant was wearing a dress shirt or a black t-shirt, like the one Mr Thomson was wearing.

There were also no marks found on Mr Thomson's hands.

- ARM NEWSDESK

Topics:  assault mackay queensland court of appeal



Steady growth in a Coffs buyer's market

Boambee stood out as the region's most expensive suburb for houses with a $650,000 median sale price.

Lower price ranges stand out as Coffs property best sellers

Win an A-League experience

Win a coach's perspective of Coffs' first ever A-League match

Strong surf expected this weekend

Strong surf conditions expected to hit the NSW coast this weekend.

The NSW coast is expected to receive strong surf this weekend.

Local Partners

41-year-old playgroup under threat of closing down

IT'S been an important part of the Ballina community for decades, but this playgroup could be forced to shut its doors.


Fans invited to meet Jets at training session

FLYING IN: Catch the Newcastle Jets at the free training session at the international stadium on Thursday.

Catch up with the Newcastle Jets at the free training session

Legendary batsman opens up

STAR: Sir Viv Richards.

Cricket hero Sir Viv Richards will tell his tale at Coffs race club

Puppetry of the Penis secrets revealed ahead of show

The famed Puppetry of the Penis is coming to the Sunshine Coast for shows in Noosa and Caloundra.

WARNING: This interview contains adult themes and traces of nuts

Jennifer Aniston wants to return to TV

Jennifer Aniston is desperate to make a return to TV

Madonna hopes for election unity

Madonna hopes Donald Trump's election will "bring people together"

JK Rowling rules out Cursed Child trilogy

JK Rowling has ruled out a 'Cursed Child' movie trilogy

Buckley's chance in psychological thriller

James McAvoy and Betty Buckley in a scene from the movie Split.

Broadway veteran back on big screen with James McAvoy

Daniel MacPherson: acting’s a bit like channel surfing

Australian actor Daniel MacPherson in a scene from the American TV series APB.

THE Aussie export talks about making his mark in the US.

Shopping isn't fun if you can see dead people

Lisa Marie Woodham will be giving readings in Gladstone until Saturday January 21.

Shopping isn't fun if you can see dead people

Steady growth in a Coffs buyer's market

Boambee stood out as the region's most expensive suburb for houses with a $650,000 median sale price.

Lower price ranges stand out as Coffs property best sellers

Thousands of jobs part of $1b retirement village project

THIS YEAR: An artist impression of the new Aveo retirement village in Springfield.

Aveo Springfield unveiled this month, homes ready by July

Our coastline suburbs offer cheapest beach living in NSW

GOING CHEAP: You can snap up a property at Nambucca Heads for as little as $95,000.

Could you imagine buying a beach property for less than $100,000?

KNIFE-EDGE: The housing tightrope we now face

Even the smallest interest rate rise will be hard for some to handle.

One if five home owners at risk, according to new analysis

Historical home leaves family's hands after 75 years

SALE CONFIRMED: The Gympie Regional   Realty team which sold the Ramsey property are (back) Mel Gastigar, Dorothy Palmer and Margaret Cochrane, with (front) home seller Terri-Jayne Ramsey.

Ramsey family played a huge role in Gympie's growth.

Ready to SELL your property?

Post Your Ad Here!