Coffs Coast man Aaron Logue to appeal court finding he bashed ex-partner’s head into wall at Byron Bay
A Coffs Coast man convicted of bashing his ex’s head into a wall at a Byron hotel will fight the court’s decision, arguing the wall was made of plasterboard, not tile.
Police & Courts
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A Coffs Harbour man convicted of repeatedly bashing his ex-girlfriend’s head into a wall at a Byron hotel will fight the court’s decision, arguing the wall was made of plasterboard, not tile.
Aaron Logue, 40, will appeal his conviction, telling the court new evidence has been found.
He was found guilty of assault occasioning actual bodily harm in Byron Bay Local Court on December 20.
At Lismore District Court on Monday, Logue’s barrister Sophie Anderson appeared before Judge Jennifer English to push Logue’s case forward.
Logue, his girlfriend and her sister went on a trip to Byron Bay together last year, the court was told during a hearing before Magistrate Karen Stafford.
The court was told an altercation arose after words were exchanged about Logue making moves on the victim’s sister.
Logue was found to have trapped the accused in the hotel bathroom and slammed her head into the wall, leaving her bleeding.
Ms Anderson will argue on Logue’s behalf the evidence used to find her client guilty was inconsistent, with the issue surrounding the substance of the wall itself.
The victim told the court her head impacted a tiled wall, however, Ms Anderson said there was “incontrovertible evidence” the wall was plasterboard – and it had been inspected by police.
Ms Anderson said footage yet to be played in court revealed a police officer knocked on a plasterboard wall where the offending occurred, remarking it was made of plasterboard.
Mr Logue has always maintained his innocence and said he was acting in “self defence” when his ex-partner’s head struck the wall.
But Ms Stafford previously found Logue’s actions were “disproportionate” and there was “no reasonable excuse”.
At the time, Ms Stafford did not accept Logue’s evidence was honest and described it as having a “ring of recent invention”.
The Crown opposed Logue’s application for fresh evidence to be considered, saying the victim was “rigorously cross examined” and body worn footage was simply a walk-through of the hotel room where the offending occurred.
The crown said 25 images were taken from footage and used in the original hearing.
Ms English granted Logue’s application to admit new evidence and a hearing date was set.
The matter is slated for September 1.