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

Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

RAIL CHAOS: Expect crowding on service to Brisbane

Taken on the 5pm Roma Street to Nambour train trip home in 2013 where 50 passangers were standing in a carriage. 30 services cut could impact this even more.

Moreton Line opens with 650 services, compared to Coast's 325.

30 train services a day halted by driver shortage

FRUSTRATED: Sunshine Coast commuters Kieron Wallace and Jeff Addison, pictured in 2015, are among those frustrated at the state of current rail services.

Queensland Rail bolsters customer service staff after service issues

Outcry after police speed trap van blocks path

DOUBLE STANDARD? A reader snapped this shot of a speed camera van blocking the footpath at Yamanto.

This would land you a $48 fine, but it's fine when the police do it

Local Partners

Taylor Swift files lawsuit over alleged groping

Taylor Swift source Bang

Swift has commenced legal action against a DJ over the incident

Kanye West threatens to boycott Grammys

West says he won't go to the Grammys if Frank Ocean's not nominated

Why this actress wasn't embarrassed by nude photo leak

Leslie Jones source Bang

'If you wanna see Leslie Jones naked, just ask,' she said

Dad's Army comic genius Jim Perry dies

Jimmy Perry, the creator of Dad's Army.

Dad's Army series captured all that British people savour

Check out some fashions from the Coast festival

FASHION: Ocean Zen range.

Images from the Sunshine Coast Fashion Festival show what's hot

Australian Survivor's magician Matt out of tricks

Australian Survivor contestant Matt Tarrant.

SHOW'S power couple looks unstoppable in race to the finish.

Hinterland horse stud passed in for $8.25 million

UNREAL: This Maleny estate is incredible.

12-bedroom hinterland horse stud still available

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.