- Illawarra,
Australia
- Monday, 2
March 2009
-
- Bouncer
avoids charges
A nigthclub
bouncer accused of flooring NRL player Ben Roberts with a
single punch had assault charges dismissed in Wollongong
Local Court yesterday.
Bouncer
Mark Tofilau had two counts of assault occasioning actual
bodily harm dismissed.
The charges
stemmed from an incident involving Mr Roberts and his
friend, Lee Te Maari, in the early hours of Sunday, February
3, 2008.
Magistrate Ian
Guy said discrepancies in the differing versions of events
was enough to create reasonable doubt in his mind.
In court, Mr
Roberts, a Bulldogs player, said he could not recall the
assault but remembered being in police custody in the early
hours the following morning nursing a number of bruises, a
swollen lip and an injured tooth which later had to be
removed.
Under
questioning from Barrister Alex Radojev, representing Mr
Tofilau, Mr Roberts said he had consumed beer, spirits,
mixers and part of a bottle of wine on the night and did not
have a clear recollection of what had happened.
Glasshouse
supervisor Bradley Smith, who was a friend of Mr Roberts
before the incident, testified he saw Mr Tofilau punch Mr
Roberts "in the face".
"He just hit him
... with his right fist," he said.
"Ben fell to the
ground."
However, there
were a number of discrepancies between Mr Smith's version of
events and that of Mr Te Maari.
Mr Smith said
there were four men involved, while Mr Te Maari counted
seven.
Also, Mr Te
Maari said he was chased after the assault while Mr Smith
said the assailants had wandered off.
Mr Radojev, in
his closing submission, said that the different version of
events created enough reasonable doubt to dismiss the
charges against Mr Tofilau.
"You have
clearly got two completely different and contradictory
versions of events," he said.
"Your honour has
to be satisfied as to identity and your honour has to have
reasonable doubt."
In a separate
incident which occurred on the same night, Mr Roberts was
fined $2200 after pleading guilty to four charges, including
assaulting a police officer and resisting arrest, in
Wollongong Local Court on August 18 of last year.