Assault trial of Young Liberals member Xavier Boffa postponed due to Victoria’s Covid-19 rules
The assault trial of a prominent member of the Young Liberals has been hit with another delay.
Police & Courts
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The assault trial of a prominent Victorian member of the Young Liberals has been postponed – because that state does not consider SA’s courts to be “an essential service”.
Xavier Boffa was due to stand trial next week, accused of glassing entrepreneur Benedict Kusay during a 2019 pub brawl.
On Monday, however, the Adelaide Magistrates Court was told that trial could not go ahead as neither man, nor a key witness, can enter the state due to Covid restrictions.
Magistrate Simon Smart said it was highly unlikely the trio would be excused from Victoria’s lockdown restrictions to attend a court in that state and appear in SA by video link.
“The lockdown in Melbourne has been extended and will carry past the period that has been set down for the trial,” he said.
“Victoria does not regard us (the court) as an essential service and will not make arrangements or create availability, in any event, for video links.
“It seems to me like conducting this trial as scheduled is a practical impossibility.”
Boffa, 26, of Melbourne, is an Australian Liberal Students Federation past president.
He has yet to plead to one aggravated count of committing an assault that caused harm, and faces a maximum three-year prison term if convicted.
The charge arises from an alleged incident at the Elephant British Pub in July 2019.
Boffa allegedly threw a glass tumbler at Mr Kusay’s head, causing a laceration that required hospital treatment and three staples in his scalp.
The case has already had a tortured passage through the court system – at one stage police said it was likely to be dropped, while Mr Kusay said he wanted it to continue.
On Monday, prosecution and defence made a joint application to postpone the trial, and Mr Smart agreed as there was “no other option”.
He ordered the trial commence in December.
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