Wade Joel Sangwell not guilty of grievous bodily harm

A court has heard a man, found not guilty over a violent brawl which caused a brain injury, didn’t lose his right to self defence just because the instigator came off “second best”.

After being found not guilty of grievous bodily harm, a man wiped away tears in the dock before walking towards his family, who said they had survived “two years of hell”.

Wade Joel Sangwell, 31, had been on trial in Maryborough District Court this week.

After a short deliberation, the jury delivered its verdict on Thursday afternoon.

The trial centred around the events of July 8, 2020, at Petrie Park in Tiaro, when Sean Bayliss was left with a traumatic brain injury after an incident between the two men.

Two entirely different versions of events were presented to the jury, with the defence arguing Mr Bayliss was the instigator of the altercation between the two men, while the prosecution alleged he was the victim of a violent attack that left him unconscious.

On Thursday, Mr Sangwell told the jury he had acted in self defence on the night of the incident.

After having a few drinks and dinner at the Hideaway Hotel, Mr Sangwell and his mate had arranged to meet with two men at the park.

But once there, Mr Sangwell told his mate Jarrod Page, who was driving his car, there were too many people to find the two men.

He told the court Mr Page did “a burnout” while circling around the camping area.

Wade Joel Sangwell, 31, has pleaded not guilty in Maryborough District Court to one count of grievous bodily harm.

When they approached the toilet block, Mr Sangwell said he needed to go to the bathroom, but when he heard arguing, they went further up the hill so he could urinate beside the car.

It was while he was urinating that he was approached by Mr Bayliss, he told the court.

Mr Sangwell said he was kicked in the stomach then punched, at which time an altercation had begun between the two men.

While other witnesses claimed Mr Sangwell had thrown Mr Bayliss on the ground, he said Mr Bayliss fell to the ground and he landed on top of him.

They were both wrestling on the ground, he told the court, and at one point he had struck Mr Bayliss once or twice with force “because I was scared for my life”.

Mr Sangwell denied the prosecution’s claims that he had been the first to approach Mr Bayliss or that he had removed his shirt in doing so, saying that during the course of the altercation, he had been pulled to his feet, at which time his shirt and singlet was pulled off.

Along with that, a $4000 necklace worn by Mr Sangwell was also left at the scene.

Mr Sangwell said other people were involved in the altercation, claiming it was “like a moshpit”.

In his closing statement the defence barrister said Mr Bayliss had attacked Mr Sangwell, who had defended himself against “unexpected aggression”.

The court heard Mr Sangwell did not lose the right to self defence “because Sean Bayliss comes off second best in a fight he started”.

After the verdict, Mr Sangwell’s father spoke briefly outside the courthouse.

“It should never have got this far,” he said, adding the family had endured “two years of hell”.