Kai Charlesworth has Rolling Rock nightclub assault charge discontinued

A young Tinbeerwah disability support worker has learnt his fate in a Noosa nightclub assault trial where it was alleged he knocked out the two front teeth of a man.

A Tinbeerwah disability support worker who had been accused of knocking out the front teeth of a man who was shadow-boxing behind his brother has had his charges dropped in court.

Closing remarks were expected to be heard in Maroochydore District Court on Tuesday where Kai Charlesworth, 24, pleaded not guilty to assault occasioning bodily harm.

Shadow-boxing was at the centre of a trial where crown prosecutor Lara Soldi alleged the disability support worker knocked the two front teeth out of a punter at the Rolling Rock nightclub in Noosa on January 30 2021.

On Tuesday Ms Soldi told the jury the prosecution would discontinue the charge of assault.

In video footage played to the court on Monday Ms Soldi said the complainant had been “obnoxious” to those around him but said his body movements were not aggressive.

Ms Soldi said the alleged attack was a “total over-reaction” with the complainant being a nuisance rather than a threat.

The court heard the complainant now has two false teeth from the alleged assault.

Defence barrister Martin Longhurst argued Mr Charlesworth had been acting in defence of his brother after he witnessed the alleged victim lining up a punch at his brother’s head while shadow-boxing.

Mr Longhurst told the jury the complainant had been a serial “pest” who had been kicked out of nightclubs for drunken behaviour.

The court heard from the complainant and several witnesses including another nightclub patron, a security guard, and a Noosa police officer as well as Mr Charlesworth and his brother.

The complainant, who was 19 at the time, gave evidence and said his memory of the night was blurry however he “sobered up” after he was allegedly punched.

“I felt my teeth go straight away,” he told the court.

Kai Charlesworth has pleaded not guilty to assault at the Rolling Rock nightclub in Noosa.

Mr Longhurst told the complainant his statement to police didn’t align with the video footage along with a statement from another witness.

He suggested the witness lied to police to protect the complainant because he knew he “was a pest”.

Mr Charlesworth during cross examination said the complainant was “sizing up” his brother.

Mr Longhurst said the complainant had swore at Mr Charlesworth’s brother after he asked him why he was shadow-boxing.

The court heard one of the complainant’s associates had said derogatory remarks about Mr Charlesworth’s partner behind the bar before the alleged assault.

Ms Soldi told the court the complainant was not within swinging distance of Mr Charlesworth’s brother during cross-examination on Monday.

Judge Catherine Kefford discharged Mr Charlesworth in court after the prosecution withdrew the charge of assault and he was free to go.