A Dubbo man who spent more than a month in jail charged with glassing a man after an 18th birthday in Nyngan has had case dismissed in court.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Jeremiah Chandler - also known as Jed - was charged with reckless wounding in company after a violent altercation at the Nyngan Showground about 2.30am on February 28.
While Mr Chandler, 19, later pleaded not-guilty, he was initially refused bail by Magistrate Brian van Zuylen in Dubbo Local Court.
He was forced to spend more than a month remanded in custody before bail was granted by the Supreme Court.
Chandler was in Nyngan attending an 18th birthday party at the showground on February 28 when the incident occurred.
READ ALSO:
Police believed Mr Chandler had used a bottle to hit Nyngan man Bon Franklin in the head, and a group of people began attacking him as he was walking home from the party.
Mr Chandler admitted to glassing Mr Franklin, but he said he was acting in self-defence protecting a friend who was allegedly being assaulted.
Mr Franklin who gave evidence in court said he had consumed about 10 Canadian Club whiskeys and taken cocaine at the party before the incident.
Mr Franklin said he was leaving the showground to go home when he came across a group of about 15 people standing at the gate.
He recalled saying "what's going on over here", before he was bottled in the head.
It was a couple of seconds later that Mr Franklin felt blows from behind he thought were from bottles, and began throwing punches.
During the incident Mr Franklin suffered a wound to the top of his head and a puncture wound at his rib cage.
However Magistrate Stephen Oilschlager said there were "significant gaps" in Mr Franklin's evidence.
The court heard there was no evidence to suggest Mr Chandler inflicted the puncture wound Mr Franklin sustained.
"The evidence of Bon Franklin was inconsistent with other witnesses," Magistrate Oilschlager said.
"He gives no detail of other fights occurring even though other fights were taking place. He gives no evidence as to how he may have been stabbed.
"I am of the view in term's of Mr Franklin's account of the night were far less clear ... his memory was well affected by drugs and alcohol."
A number of people who attended the party and witnessed the incident were called to give evidence in a two-day hearing.
Magistrate Olischlager said however many of the witnesses called to give evidence appeared "evasive" or were "wholly unhelpful" when detailing what happened on the night.
"The evidence of Mr Jed Chandler was perhaps the most compelling and believable," he said.
"The person with the greatest motivation to lie has provided the most reliable version of events."
He said Mr Chandler appeared to be genuinely upset regarding the events that had occurred, and was prepared to make concessions against his interests, when he could have easily given a more favourable account.
"Mr Chandler gives evidence of being in fear, that he panicked , that we was surrounded by a melee of people throwing bottles and cans in his direction," Magistrate Oilschlager said.
"He said he was acting in self defence of his friend Wes Toomey.
"He saw Bon Franklin had the upper hand in the fight of his friend, who was no longer fighting and curled up in a protective position.
"He states he had no time to consider how to respond. He felt scared in the presence of many people he did not know, and who were acting aggressively toward him."
Magistrate Oilschlager said the prosecution was unable to prove beyond a reasonable doubt that Mr Chandler was not acting in self-defence when he hit Mr Franklin over the head with the bottle.
All charges including back-up charges of assault occasioning actual bodily harm, laid against Mr Chandler were dismissed.