Byron Kelly, 20, has Ballina Fair Shopping Centre charges dismissed

A cognitively impaired Northern Rivers man who was accused of an attack at a northern NSW shopping centre has had charges thrown out. Here’s what happened.

Byron Kelly, 20, has had charges dismissed.

A cognitively impaired Northern Rivers man who was accused of an attack at Ballina Fair Shopping Centre has had charges against him thrown out.

West Ballina man Byron Kelly’s case has been dismissed under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act.

Police alleged in court documents - contested by Kelly's legal representatives - that the 20-year-old man was with a group who attacked a man at Ballina Palace Cinemas about 7.30pm on May 19 last year.

A witness told police she spotted a group bolting toward the alleged victim yelling “have a go c--t” and “come on c--t, take a swing” and “let’s roll him”.

Police state “Kelly and co-offenders stopped the victim from walking away, while Kelly punched him in the face and body”.

Byron Kelly outside Ballina Local Court late last year.

One of the group “hit the victim in the face under his right eye” with a hammer using a “sideways motion”, according to the documents. It is disputed Kelly was the person wielding the hammer.

The man yelled “f--k, my face” as he held his head following the blow, blood dripping from his head, police allege.

The man’s iPhone was allegedly stolen during the attack.

Triple-0 was called and police took the man to Ballina District Hospital for treatment.

Police state Kelly was on curfew due to bail conditions and officers went to his home the next day, where he was arrested, taken to Ballina Police Station and put in custody on remand.

Police prosecutor Kadene Connery told Ballina Local Court late last year the hammer “was used as a weapon in an unprovoked attack on a bystander” by a member of the group, that was not Kelly.

Defence lawyer Kylie Anderson Clark argued Kelly was a “young, vulnerable Indigenous man, who lives with “a cognitive impairment”.

Ballina District Hospital.

Kelly, 20, pleaded not guilty at Ballina Local Court to two counts of assault causing actual bodily harm, being armed with the intention to commit an indictable offence, larceny and affray.

It can be revealed Magistrate Karen Stafford dismissed charges last month and Kelly was discharged into the care of a nominated responsible person.

Kelly was directed to undergo psychological and drug and alcohol counselling and to attend a relevant men’s group program.