Bo-Jay Hind found not guilty of assaulting ex-Opal Packaging colleague Gary McCarron

A Tasmanian man has learned his fate after assaulting his former colleague and cricket buddy. A court heard there existed bad blood between the pair due to the defendant’s sacking.

Deloraine man Bo-Jay Hind, 38.

A Tasmanian man who admitted to pushing a former colleague of his and striking his face has been found not guilty of common assault on the basis that self-defence could not be excluded as a possibility.

Deloraine man Bo-Jay Hind, 38, was charged with assaulting his former colleague Gary McCarron on January 10, 2022, outside Invermay Newsagency on Invermay Rd.

Launceston Magistrates Court heard on Tuesday that the pair were formerly co-workers at at Opal Packaging, Mowbray, until Mr Hind’s sacking in mid-2020, an incident Mr Hind partially blamed on Mr McCarron.

Mr McCarron gave evidence that he was sitting in his car when Mr Hind approached him on January 10, opened the passenger door, and challenged him to fight.

He said that although the pair were formerly friends, they hadn’t spoken in about 18 months following an “intimidating” message Mr Hind sent him in the wake of the latter’s sacking by HR.

The message, read to the court, said in part, “You f---ing alcoholic toothless f---. Make a time and I’ll be there... you’re a f---ing nobody who is going to get yours.”

Mr McCarron gave evidence that he exited the vehicle and spoke with Mr Hind, who pushed him and then delivered a “left-hook to the right hand side of my face,” with a force of “seven or eight out of 10”.

Mr McCarron’s evidence was that he went to ground then grabbed Mr Hind by the legs.

“We were both on the ground wrestling until the newsagents came out and broke it up, they grabbed me by the back of my shirt and told Bo-Jay to eff off,” he said.

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Mr Hind, in his evidence, said that he initially opened Mr McCarron’s door to ask the older man for a lighter and to “put water under the bridge”.

He gave evidence that Mr McCarron “flinched” at him first, making as if to assault him, before attempting to punch him.

“He threw the first punch three times. It was a self-defence action that I took,” Mr Hind told the court.

Mr McCarron had earlier given an equivocal answer under cross-examination by Mr Hind when asked whether he remembers throwing the first punch.

“I can’t honestly remember but I would say no,” Mr McCarron said earlier in the hearing.

Mr Hind said he regretted sending the abusive message to Mr McCarron and wanted to repair the relationship, in light of the fact they played in the same cricket league and were likely to see each other moving forward.

Magistrate Sharon Cure found Mr Hind not guilty on the basis that she couldn’t exclude the possibility of his acting in self-defence.

“Some of his [Mr McCarron’s] answers raise the spectre of doubt,” Ms Cure said.

“I am left with a doubt. It works in your favour.”

The charge was dismissed.

Originally published as Bo-Jay Hind found not guilty of assaulting ex-Opal Packaging colleague Gary McCarron