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.

Business owner, 71, hunts down graffiti artists

Graffiti damage at Barry Mills' business.

They saw three men spray tags on the Ipswich property

STABBING: Man rushed to hospital with chest wound

Police at the scene of an apparent stabbing at Redbank Plains this afternoon

Police investigate apparent domestic incident

Woman's $27k property crime spree

Ipswich Police Station and Courthouse. Photo: David Nielsen / The Queensland Times

She targeted homes she knew had valuable items inside

Local Partners

EXCLUSIVE: Meet Robert Irwin, wildlife photographer

SNAPPER: Apart from wildlife, photography is Robert Irwin's great passion.

Steve's boy has a passion for photography

Louis Tomlinson's tribute to late mother

Louis Tomlinson's new single is a tribute to his late mother.

Justin Timberlake stuns students with secret class

Justin Timberlake stunned high school students in Sydney

Carrie Fisher says Ford will be bugged by affair confession

Carrie Fisher is sure Harrison Ford is annoyed at her

Dakota Fanning rekindles romance with childhood sweetheart

Dakota Fanning rekindles romance with ex

Jennifer Lawrence apologises to the people of Hawaii

Jennifer Lawrence sorry for 'offensive' story

Essential to get new Maroochydore CBD fundamentals right

LOOKING AHEAD: The central business district at Maroochydore is planned to be the heart of the Sunshine Coast.

SunCentral reports good progress on 53ha Sunshine Coast city heart

'Crucial' farm land eyed by defence department

Lawson Geddes moving the Brangus cattle to higher ground - which is the land the Defence Department is interested taking for the Shoalwater Bay expansion.

"You can't have one without the other.”

Former Shark Show for sale for $1.3 million

Vic Hislop at the old Shark Show.

TALK about a jaws-dropping real estate opportunity.

There's a whole lot of luxury in this home

The Endeavour Foundation's latest prize home in Mountain Creek.

WHEN it comes to desirable homes, it's hard to go past a prize home.

Ipswich City Properties asset portfolio retains its value

Ipswich City Council Administration Building, South Street, Ipswich. Photo: Claudia Baxter / The Queensland Times

New website launched by Ipswich City Council

Ready to SELL your property?

Post Your Ad Here!