Prison guard Alan Baker abandons appeal of unlawful assault conviction

A prison guard who was convicted of assaulting a woman and leaving her with a broken arm has abandoned his appeal, after being warned if he lost he would likely be jailed.

Alan Baker

A prison guard convicted of assaulting a woman during a drunken Mother’s Day altercation that left her with a broken arm has abandoned his appeal.

Alan Baker launched an appeal after being found guilty by a magistrate of a single count of unlawful assault in January, relating to an incident on May 14 last year.

Following a contested hearing, Baker was convicted and fined $2000.

The Marshall man fronted the County Court at Geelong on Tuesday, where his appeal was heard by Judge Gerard Mullaly.

Baker’s victim, who appeared alongside several supporters, took to the stand during the hearing.

She told the court she and Baker returned home from an afternoon drinking at the Barking Dog pub in Geelong West on Mother’s Day.

Baker berated the victim after she had inadvertently locked Baker’s front door earlier that day.

Inside the house, an altercation ensued with Barker twice pushing the woman, the second time grabbing her by the back of the neck and arm.

The woman was left on the floor with a broken arm, before two of her sons and then the police, arrived.

During the hearing, excerpts from police bodycam footage from the night and a video recording of Baker’s police interview were played to the court.

The Crown submitted a bundle of twelve photos in support of the victim’s testimony, including three from the night, as well as photos of bruising on the victim’s neck, shoulder and arm taken several days after the incident and photos of X-rays of her injuries.

The version of events Baker told police differed markedly from his victim’s. He denied assaulting the victim or causing the injuries she suffered, instead claiming she had verbally abused and attacked him.

“I didn’t case any injury to anyone … I did defend myself as she was attacking me,” Baker told police.

Baker’s lawyer, barrister Christin Tom, put Baker’s version of events to the complainant for the second time in as many court appearances during cross-examination.

The matter was briefly stood down, with the defence set to call a character witness on Baker’s behalf.

However, Baker opted to abandon the appeal after Judge Mullaly explained that if it were unsuccessful, he would be comply with precedent cases and “the penalty will be significantly more severe”.

Judge Mullaly said Baker’s “liberty would will be significantly at risk”, with jail likely, conviction a certainty and the prospect of a community corrections order “incredibly merciful”.

The court heard Baker had no prior convictions and worked as a prison officer, meaning his livelihood was set to be impacted by a conviction.

Originally published as Prison guard Alan Baker abandons appeal of unlawful assault conviction