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


Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

Border Bushrangers U18s withdraw from TRL

GAME SHAME: Damian Petrie got the Border Bushrangers into training mode on January 18.

Low player numbers see Under-18s withdraw from competition.

Water meter readings set to begin across region

SDRC Water Officer Daniel Talbot reads a water meter.

Residents urged to ensure their water meters are accessible.

One Nation yet to announce candidate for Southern Downs

One Nation leader Pauline Hanson and state leader Steve Dickson.

One Nation will contest the Southern Downs in the state election.

Local Partners

Un-American tale makes Lion weakest link in Oscars line-up

PSYCHOLOGY researchers find US films and actors most likely to win accolades at the Oscars.

Buskers descend on Stanthorpe for championships

Kenny Slide performs at the National Busking Championships South East Queensland event in Stanthorpe on Saturday, February 25.

All manner of music has filled the streets of Stanthorpe.

Living End, Grinspoon stars hit stage for American Idiot

Chris Cheney of The Living End stars in the Australian production of Green Days musical American Idiot at Brisbane's QPAC Theatre.

TAKE a look behind the scenes of Green Day's American Idiot musical

Samuel L Jackson dismisses La La Land ahead of Oscars

Ryan Gosling and Emma Stone in a scene from the movie La La Land.

Hollywood actor and Oscars voter says Denzel should win top gong

Live performance of Sci-fi classic to open Science Festival

Qld Symphony Orchestra perform live to 2001: A Space Odyssey.

Festival will host A Live Presentation of 2001: A Space Odyssey.

Former Family Matters stare accused of child abuse

Reginald VelJohnson, left, and Darius McCrary arrive at the TV Land Awards on Sunday, April 19, 2009 in Universal City, Calif.

Darius McCrary has been accused of child abuse

The trick homeowners are using to buy more properties

Chantelle Subritzky leaves her home each week for Airbnb guests.

Queenslanders are going down this path to help pay their mortgages

Stunning home blends South Pacific beauty with Orient style

Immaculate residence with two outdoor living areas

$140k damage: landlord says property trashed, contaminated

He had what he calls "the tenants from hell"

Submarine, buses and 3000 tyres removed in $100K clean up

The list of things removed from this property is beyond astonishing

Ready to SELL your property?

Post Your Ad Here!