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.


Topics:  assault mackay queensland court of appeal

U3A writers launches new book

TURNING THE PAGE: The Book launch of Its A Lottery is Writers Group convenor, Judy Whitworth busy signing with two of the 16 authors, Joan Brown and Rodger Williamson at the Frenchville Sports club earlier this month.

U3a writers launch their new book: It's a Lottery.

Suicide prevention workshop gives hope

SUICIDE PREVENTION: The 19 participants who attended the ASIST two-day workshop.

Workshop provides infomation and understanding in suicide prevention

Violent past comes back to haunt young man

Rockhampton Court. Photo: Chris Ison / The Morning Bulletin

He dragged his partner around the floor by her hair

Local Partners

$2000 raised for SES at morning tea

UP to 150 people attended a morning tea at the Heritage Village in aid of the Rockhampton SES hosted by the Rockhampton and District Benefits Association.

Your chance to win

Learn More

Former Split Enz front man Tim Finn finds new niche

Singer Tim Finn has written the music for theatre production Ladies in Black.

Musician finds his way to theatre

WHAT'S ON: Your guide to entertainment and events this weekend

AWARD WINNING SHOW: Tequila Mockingbird can be seen at St Brednan's College, Yeppoon on Saturday.

LOOKING for something to do this weekend?

Garage Sale Trail finds treasure in trash

Richard Morvell from Trendy Trash Rockhampton, Cr Neil Fisher, and Craig Dunglison, Manager of Rockhampton Regional Waste and Recycling gear up for Garage Sale Trail.

Bargains galore on offer at garage sales this weekend

Shannen Doherty reveals fear of dying in post on chemo

Actor Shannen Doherty shared this image of her lying in a hospital bed after a chemotherapy session.

Actor has been fighting cancer since 2015

Eddie Redmayne's stage fright on latest Harry Potter film

Actor Eddie Redmayne stars in Fantastic Beasts and Where to Find Them.

Actor felt like kid again when he got to film with a wand

Salma Hayek: 'Trump planted story because I turned him down'

Actor Salma Hayek is the latest woman who says U.S presidential nominee Donald Trump acted inappropriately.

Salma Hayek latest woman to accuse Trump of misconduct

Brisbane snake catcher shows who's the Boss

Brisbane snake catcher Julia Baker returns in season two of Snake Boss.

Hit show Snake Boss is back for another season

The Summer that Melted Everything

See what happens when you invite the devil to town

Leonardo DiCaprio nearly drowned while filming

Actor Leonardo DiCaprio

Oscar winner almost drowned in Galapagos

Hit songwriter's Noosa mansion on market

SPECIAL PLACE: The Cintamani estate is going to tender, marketed by Tom Offermann Real Estate.

Is this Queensland's best property?

Kiwi siblings snap up Dotcom mansion for $32.5m

The new toy company owners of the Coatesville mansion want replace any controversy with positivity and fun. Photo / Barfoot and Thompson

The trio paid $32.5 million for the property in June

New $200 million development will create 580 jobs

Cassie And Josh with baby Alfie and daughter Andee. They have bought at new Lennox Head development Epiq.

Majority of new positions will be given to Northern Rivers locals

Cherrabah's mega resort plans axed

PLANS for a massive development at Cherrabah have been scrapped.

What our mayor thinks of the new draft SEQPlan

The plan to use the innovative technology as part of the new Maroochydore CBD was cemented on site today when Mayor Mark Jamieson and Envac Asia Region president Chun Yong Ha formally signed the contract for the $20 million underground waste collection system.

New plan accommodates Sunshine Coast Council's vision for growth.

Dusit Thani finance crisis 'just a small hiccup'

ON TRACK: Springfield Land Chairman, Maha Sinnathamby, Ipswich Mayor Paul Pisasale, Developer Richard Turner and Springfield Land Deputy Chairman, Bob Sharpless, at the recent resort sod turning ceremony.

Property developer says project remains firmly on track