Man allegedly glasses neighbour
IT was a case of bad singing, too much alcohol and crossing boundaries that led Mark Mizzi to allegedly attack his neighbour with a beer bottle.
Mizzi is accused of hitting Robert Macauley, 62, over the head with a “tallie” after he retaliated against being asked to stop his loud singing and to remove himself from the fence line at a set of North Rockhampton units.
Yesterday Mizzi was committed to stand trial on a charge of assault occasioning bodily harm after a committal hearing in the Rockhampton Magistrate Court.
Throughout proceedings the 37-year-old smirked and shook his head, which prompted Magistrate Mark Morrow to warn him about acceptable court behaviour.
Mr Macauley took the witness stand yesterday and relayed his version of the events on December 1, 2008.
He said he was outsaid at 7.15pm having a cigarette when he first saw Mizzi playing outside with his two children.
“He was playing with a remote control car, drinking and, I’m sorry, but supposedly singing – it was loud,” Mr Macauley said.
Mizzi and Mr Macauley had been neighbours for about eight months; both living in units on Richardson Road.
Mr Macauley said his wife Barbara called out from the window and asked Mizzi if he could sit on his own fence.
He allegedly told her to “shut up” and called her an offensive name in reply.
“I then walked out there and asked him to move over his side,” Mr Macauley said.
“As I walked across the grass he got up, jumped over the fence and pushed me on my chest.
“I pushed him back then he used the tallie to hit me on the side of the head.”
Mizzi’s defence solicitor Anthony DeFraine asked Mr Macauley if he was first to cause trouble instead of his client.
“Didn’t you push him in the chest first? Did you call him a druggie? Do you remember Mizzi falling over and colliding with his children?”
All to which, Mr Macauley answered, “no”.
The court heard that Mizzi and Mr Macauley have had small altercations in the past.
One disagreement was over the growing of a pot plant, another loud music and a third was parking in the wrong driveway.
After this alleged attack police were called to the scene and photographed broken glass and spots of blood on the concrete.
Mr Macauley was taken to hospital by ambulance to be treated for a cut to his head.
Mizzi has not yet entered a plea to the charge of assault.
He will reappear in the District Court at a later date.