Victim explains why he armed himself with a hammer
THE TRIAL of Brendan James Zemek and George Joseph Thomas Swadling continued in the Rockhampton District Court today.
The two men are on trial for allegedly bashing Rockhampton man David Glass with a hammer outside his East St home on August 2, 2015.
Mr Glass was cross examined by the defence lawyers yesterday who said Mr Glass' statements from the day of the alleged assault and the evidence he had given earlier in the week didn't match up.
Swadling's defence Mr Bill McMillan asked Mr Glass why he armed himself with the hammer when he saw Swadling and Zemek outside his home.
It's alleged Swadling and Zemek called out to Mr Glass to come out and fight.
"In your statement you said you could see they were unarmed," Mr McMillan said.
"Why did you arm yourself with a hammer if they were unarmed?"
"Because there was two of them," Mr Glass responded.
Mr McMillan then asked Mr Glass about what Swadling was calling out to Mr Glass before the alleged attack took place.
"In your statement, you said he was calling out 'Come out here Dave, I've heard you've been talking s**t about me, come out and let's get it on, I've got my friend here' but to the Crown Prosecutor you said Swadling said 'Come out and get smashed' what's correct?"
Mr Glass told the court he suffered from short term memory loss and that whatever was said in the statement that was taken on August 3 would be 'the closest thing to what actually happened that day because it was fresh in my memory'.
The court heard Zemek was unknown to Mr Glass but held him in a choker hold while Swadling struck him in the head and in the knee with the hammer Mr Glass had taken outside with him. Images of Mr Glass's injuries were shown to the court which showed a large swollen egg on Mr Glass's head and some grazes to his face and body.
Mr Glass told the court he was surprised when the police turned up to his house after the alleged attack because he didn't intend to call the police.
"When the police came around and said George had told them 'no it's alright he won't charge me, he's a mate' but I remember clearly at that time the only reason why I ended up going ahead was because he said that and mates don't go and bash someone." The trial continues today.