Man accused of assault with pink dustpan, in fight over toys
A MAN accused of striking his neighbour with a pink dustpan during an argument pleaded not guilty to assault when he appeared in court on Thursday.
William Hilton Weir, 73, of Cottonvale, pleaded not guilty to assault occasioning bodily harm during day one of a hearing in the Stanthorpe Magistrates Court.
Mr Weir denied hitting his neighbour with the dustpan during the run-in on January 3 and told the court Phillip Collin Batterham leapt up and grabbed the dustpan out of his hands and that resulted in them wrestling over the object.
Mr Batterham told the court Mr Weir "picked up the pink dustpan, shovel sort-of looking thing and he started swinging it around over his head with his right hand".
"It hit me down across my right shoulder, down across my chest," he said.
The altercation, which began over toys on the fence, escalated and ended up with Mr Batterham chasing Mr Weir into his home.
The court heard Mr Batterham was charged with trespass and enter with intent and given a six-month good behaviour bond earlier this year.
On Thursday the court heard Mr Batterham said "come on" to Mr Weir during the altercation and these two words have became a critical point in the hearing.
Mr Batterham told the court he said "come on" because he was trying to draw attention away from his son, who was at the scene.
Police prosecutor Sergeant Steve de Lissa said the case depended on whether magistrate Bevan Manthey believed Mr Batterham's use of those words meant he consented to a fight.
Mr Rana, representing Mr Weir, said "at some point the dustpan has come down but that is the result of Mr Batterham grabbing it and pulling it down".
The hearing has been adjourned until January.