Adelaide court told Melbourne entrepreneur Benedict Kusay may not pursue glassing assault charge against Young Liberal Xavier Boffa
It seemed one Young Liberal’s alleged pub glassing of a peer would end without a court case — now those close to this alleged victim say he’ll pursue to the charge to the very end.
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Police say a Young Liberal may not pursue an assault charge against a peer who allegedly glassed him – but the alleged victim intends to fight the case to the very end.
On Thursday, Xavier Boffa’s alleged pub assault upon entrepreneur Benedict Kusay descended into confusion.
SA Police prosecutors told the Adelaide Magistrates Court that Mr Kusay “may not proceed” with the case.
However, hours after The Advertiser’s story was published online, a source close to Mr Kusay – a member of the Melbourne University Liberal Club – disputed that stance.
“Mr Kusay is still very keen to pursue the charge,” the source said.
“He will assist police and prosecutors in whatever way they require for the carriage of the matter.”
Boffa, left, is an Australian Liberal Students Federation past president.
The 23-year-old, of Melbourne, has yet to plead to one aggravated count of committing an assault that caused harm.
He faces a maximum three-year prison term if convicted.
The charge arises from an alleged incident at the Elephant British Pub in July.
Police previously alleged Boffa and Mr Kusay were among 40 Young Liberals attending the hotel, following a student conference.
They alleged Boffa threw a glass tumbler at Mr Kusay’s head, causing a laceration that required hospital treatment and three staples in his scalp.
Boffa subsequently told the Sunday Mail he “entirely rejected” the allegations and was “confident” a “full investigation will clear me of any wrongdoing”.
Mr Kusay, meanwhile, said he hoped “the police are able to deal with this, and I trust that the (Young Liberal) party also draws a clear line in the sand”.
On Thursday, police told the court the case might not even reach the pre-trial argument stage because of Mr Kusay.
They said they were reconsidering their position, as a file note indicated he did not want the case to continue.
Luke Officer, for Boffa, asked the matter be set down for a pre-trial conference.
“This matter remains contested … I have received information and the summary of alleged facts from police, but I’ve received no evidence,” he said.
“It should be at least set down for a pre-trial conference; otherwise, we might be delaying things unnecessarily.”
Police urged the court not to adopt that approach, given Mr Kusay’s attitude.
They said their staff could well “be doing unnecessary work” preparing for a pre-trial conference when “the victim may not proceed”.
Magistrate Anna Jackson agreed, and adjourned the case until next month so police could make further inquiries.
She also excused Boffa from attending court.