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

Clear skies and warm temps for Gympie this weekend

Warm and clear weather is on the cards this weekend.

Gympie's in for a warm and sunny weekend.

Dreamworld ride worker: "It couldn't have been foreseen"

A former Dreamworld senior ride operator has broken his silence

Crews battle large blaze west of Gympie

BUSH FIRE: Queensland Fire and Rescue personnel in attendance of a previous blaze near Bundaberg earlier in the year.

Fire crews are working to contain a large bush fire west of Gympie.

Local Partners

Brothers 3 sizzle on bar stage at Widgee

Did you catch Eagle Mountain and Brothers 3 last weekend at Widgee? Chances are you are in our photo gallery!

Royal night ahead for Triple J stars VanderAa

VanderAa are back and read to rock the Royal Hotel tomorrow night.

Triple J chart toppers VanderAa will be playing at the Royal Hotel.

WHAT'S ON: Where to 'trick or treat' and party for Halloween in Gympie

SPOOKY: Josie Laird and Shelley Strachan get in the spirit of Halloween.

The ultimate guide to your Halloween in Gympie.

WATCH: NASA space station is live, see the view from above

In this picture taken from NASA's International Space Station from April 2015, the SpaceX Dragon is captured with the 57.7-foot-long Canadarm2 robotic arm before its installation to the Harmony module.

See the world from a new perspective as space station passes Rocky

60's British rock legends to return to Australia

The Troggs will play a string of dates across Australia in November.  Photo Contributed

We all remember 'Wild Thing' and now you can hear it live.

Depp jumps ship from agency of 25 years

Johnny Depp has signed to CAA after 25 years with the United

Orlando Bloom 'buried' Katy Perry in birthday flowers

Orlando Bloom "buried" Katy Perry in flowers for her birthday

MacBook fires up: New "touchbar" will include emojis

COULD emojis help the MacBook again deliver a laptop revolution?

Angus T. Jones got miserable on Two and a Half Men

Child star's misery while shooting 'Two and a Half Men'

Bachelorette shock: "This isn't how it's supposed to go!"

Georgia Love pictured in a scene from The Bachelorette finale.

GEORGIA chooses Lee and leaves Matty J heartbroken.

Want to own one of Australia's best restaurants?

TOP GONG: Mooloolaba Spice Bar has been named in TripAdvisor's Top 10 Australian restaurants for 2016.

Here's your chance to pick up one of the Coast's favourite eateries

6 houses in Gympie under $200,000

$170, 000, 9 Norman St, Gympie

These Gympie houses are perfect for investors or first home-buyers

Tough times in CBD: Woolies says goodbye Ipswich

Woolworths in the Ipswich Mall.Photo: Rob Williams / The Queensland Times

The last day of trading will be January 1

Look at me! Kath and Kim home up for sale

Kath and Kim from the iconic Aussie TV series.

'Crack open the Baileys and grab a box of BBQ Shapes'

How to fit 100,000 new homes on the Coast

Property, real estate, housing, suburb,  August 2016

Fitting 2m extra people in south-east Qld in 25 years a balance

Hinterland horse stud passed in for $8.25 million

UNREAL: This Maleny estate is incredible.

12-bedroom hinterland horse stud still available