Michael James Maata faces court charged with assaulting homeless man at Railway Park in Byron Bay

A man has been accused of punching and kicking a rough sleeper in an unprovoked attack at a park in Byron Bay’s busy CBD, a court has heard.

Michael James Maata has pleaded not guilty to common assault.

A man allegedly bashed a homeless man in an unprovoked attack at Railway Park in Byron Bay, a court has heard.

Michael James Maata appeared via video link at Byron Bay Local Court on Tuesday

He put forward a bail application after pleading not guilty to common assault on Jonson St in the tourist hub’s CBD.

It’s alleged the 38-year-old man from Leura in the Blue Mountains punched the homeless man and kicked him while he was on the ground about 3pm on December 15 last year.

Railway Park in Byron Bay. Picture: Savannah Pocock

Defence Lawyer Kylie Anderson Clark told the court Maata had been in custody since March 9.

She said there were links “between his drug and alcohol use to his mental health and his offending”.

The police prosecutor told the court: “Kicking someone when they are down is so dangerous, as they are vulnerable with their head exposed”.

“It’s a very serious incident of common assault,” she alleged.

The prosecutor said Maata was in custody after being charged with a second common assault offence on March 7.

She said Maata’s prior criminal history “includes affray, shoplifting, common assault and intimidation”.

Byron Bay Courthouse. Picture: Savannah Pocock

Magistrate Karen Stafford said police alleged the assault was not momentary.

“During the alleged attack, you left and came back (to cause further harm) two more times,” she said.

Ms Stafford refused bail.

Maata is due to face Byron Bay Court for hearing on September 5.