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Bouncer News Article

Illawara Mercury
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.

Mark TofilauBouncer 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.

 
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