Anthony Justin Dutton found not guilty over Mother’s Day McDonalds breakfast assault

A man accused of choking and assaulting an ex on Mother’s Day after a Maccas treat has been cleared by a Qld court.

A man accused of choking and assaulting an ex on Mother’s Day after a Maccas treat has been cleared by a Qld court.

A new jury has delivered a verdict for a man charged with domestic violence on Mother’s Day in 2022 after several days of delays in a stop and start trial.

Anthony Justin Dutton was found not guilty of common assault and choking (domestic violence) after defence lawyers argued there were reasonable doubts to the allegations.

Mackay District Court delayed the trial multiple times when a key witness who lived upstairs and was present during the alleged altercation did not turn up until after a first jury was discharged.

When they appeared, the witness testified they had come downstairs to see the mother “rolling on the floor saying ‘Get off me’” while the alleged attacker was across the room calling out to his neighbour.

Anthony Justin Dutton had his charges dismissed in Mackay District Court. Photo: Zoe Devenport

Barrister Scott McLennan asked the jury in his closing statements if Mr Dutton had actually choked his ex-partner, “why would his first instinct be to get a witness?”

Mr McLennan outlined several cases where the woman had been named in work complaints for aggressive language and been forced to apologise for a false allegation, arguing she had a history of “feeling wronged and making a false and vindictive complaint”.

“On 8 May 2022 she goes to Bakers Creek, feels wronged, and makes a false and vindictive complaint,” Mr McLennan said.

“Wherever she goes, it’s the same place she’s been.”

He did not deny that his client had “overreacted” about the McDonald’s breakfast and started the argument, but that the mother’s denial she did not eat fast food triggered a sense of dishonesty Mr McLennan said was evident throughout their former relationship.

Mackay District Court heard the former couple had police called to their residences in Mount Isa and Townsville over 10 years ago, but no complaints of domestic violence were made.

Crown prosecutor Shannon Sutherland said her closing statements it was “not uncommon” the woman had been ashamed of the alleged domestic violence and as such not reported it.

Yet Mr McLennan picked through police records of the incidents where they were called to deny the woman’s testimony of physical violence multiple times a week.

“If it’s reasonable for you to think if she’s lying about domestic violence back then, how can you trust her about domestic violence that’s happened now?”

Mr Dutton had both charges dismissed by Judge Gregory Lynham.