Ballina’s Byron Kelly, 19, pleads not guilty in court to assault, being armed, larceny and affray at Ballina shopping centre
A North Coast teen has been accused of hitting a man in the face with a hammer in a horrific attack at a popular coastal town shopping centre. Here’s what we know.
Police & Courts
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A North Coast teenager is accused of hitting a man in the face with a rusty hammer in a horrific unprovoked attack at Ballina Fair Shopping Centre.
West Ballina man Byron Kelly, 19, pleaded not guilty at Ballina Local Court to assault causing actual bodily harm, being armed with the intention to commit an indictable offence, larceny and affray.
Police allege the teen who faced court Thursday was part of a large group of young men who spotted and set upon the man Ballina Palace Cinemas about 7.30pm on May 19.
It’s alleged in court documents the group was seen by a witness running toward the man screaming “have a go c--t” and “come on c--t, take a swing”, as well as “let’s roll him”.
A witness followed the group in the shopping complex to see what was happening.
It’s alleged “Kelly and co-offenders stopped the victim from walking away, while Kelly punched him in the face and body area”.
“The victim put his hands up to protect his face while Kelly and the co-offenders assaulted him,” police state, claiming the man’s iPhone was taken.
Police allege Kelly pulled out the hammer and “hit the victim in the face under his right eye”. using a “sideways motion”.
The victim yelled “f--k, my face” as he held his head following the blow, police allege.
Kelly was not done with the assault yet, police claim.
“Kelly then struck the victim with the hammer on the right shoulder blade before running away with the group,” it’s alleged.
“The witness could see blood dripping down the victim’s face and helped clean up the blood to see how bad the injury was.”
The alleged victim’s friend and a witness helped and dialled triple-0 for help.
Police took the man to Ballina District Hospital to be treated.
Officers went to Kelly’s house about midday the next day, while he was on a curfew due to bail conditions, police allege.
Kelly was arrested and taken to Ballina Police Station, where he was placed in custody on remand.
Police prosecutor Kadene Connery previously alleged to the court there was a degree of planning involved in the attack.
“A hammer was used as a weapon in an unprovoked attack on a bystander,” she said.
“An aggravating factor is that the assailant was in company during the assault.”
Kelly is a “young, vulnerable Indigenous man, who lives with “a cognitive impairment”, defence lawyer Kylie Anderson Clark previously told the court.
The case has been adjourned to June 19 for hearing.
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