By Angus Thompson
An ongoing feud between two wealthy Sydney men has erupted into criminal proceedings, with one accused of headbutting the other at his leafy Richmond Lowlands polo field.
Millionaire John Marshall faced Parramatta Local Court on Wednesday over the alleged attack on his neighbour, Mortgage Choice co-founder Peter Higgins.
John Marshall (right) allegedly headbutted his neighbour Peter Higgins. Credit: Nick Moir
Mr Marshall is charged with assault occasioning actual bodily harm and remaining on Mr Higgins’ property after being asked to leave between 3.25pm and 3.31pm on March 29 this year.
Mr Higgins is the owner of the Sydney Polo Club and was also a judge on television show Dragon’s Den while Mr Marshall owns nearby Kurri Burri Polo Club.
Peter Higgins said he would like to see John Marshall jailed over the alleged incident. Credit: Nick Moir
The court heard Mr Marshall drove onto Mr Higgins’ property, got out of his car and “stood on the higher ground”.
“He started walking towards me with his arms out,” Mr Higgins said in part of a statement read out in court.
But Grant Brady SC, acting for Mr Marshall, said it would be put to the court during the October hearing that his client was acting in self-defence.
Mr Brady said it wasn’t in dispute that Mr Higgins “received a blow to his nose”.
“The accused is saying he was threatened and intimidated by Mr Higgins and was acting in a way that he came to because he believed he was acting in self-defence,” he said.
Peter Higgins after the alleged assault.
The court heard Mr Higgins’ son, Riley, “turned up in a manner that was exceptionally threatening” and, shirtless, threatened to kill Mr Marshall.
Mr Brady said his client held a reasonable belief he was allowed on the property.
“The reason he left is because Mr Riley Higgins turned up,” he said.
The claims were aired in an argument over subpoenaed material, with Mr Brady calling for police to hand over records detailing allegations of threatening behaviour committed by Mr Higgins and his son.
Mr Brady said Mr Marshall phoned police to complain about Mr Higgins following the events on April 29 and attended Windsor Police Station the next day to make a complaint in person.
Police told him that a complaint had already been made in the matter and they would not be taking a statement from him, the court heard.
Riley Higgins, son of Peter Higgins. Credit: Facebook
Mr Brady said unearthing the records would go to the credibility of his client.
Though barrister Elpi Chrysostomou, acting for the Commissioner of Police, said parts of what Mr Marshall’s legal team was requesting seemed like a “fishing expedition”.
Following negotiations by the parties, magistrate Mary Ryan ordered Windsor police duty rosters for March 29; entries on the COPS database regarding a complaint made by another person about Mr Higgins regarding an April 2016 incident; and COPS entries and bail records regarding claims of violence, threats and intimidation perpetrated by Riley Higgins.
John Marshall with his son Adam Marshall at their Kurri Burri Polo Club in Windsor.
She also ordered police to produce database entries about complaints made against Peter Higgins over alleged threats and violence between January 2012 and March 29.
In an unrelated set of circumstances, Riley Higgins was fined last December for driving an unregistered and uninsured car and for possessing drug paraphernalia.
The Sydney Polo Club in Richmond as it appeared in The Great Gatsby.
He was found not guilty of other charges.
Fairfax Media reported in March last year Mr Marshall and Mr Higgins fell out over a planning permit battle relating to Mr Higgins wanting to host the World Polo Championships.