‘He looked like he was looking for trouble’: Lismore cop speaks up in alleged ear biter’s trial

A Northern Rivers man has pleaded not guilty to a pub brawl where he allegedly bit the ear of an off-duty police officer. ***WARNING: Graphic images***

The court heard the senior constable was off-duty following a Christmas party at the time of hte alleged attack. Picture: NCA Newswire / Gaye Gerard

**WARNING: Graphic images are included in this story**

A senior constable has detailed how a South Lismore man allegedly left his ear partially severed following a violent pub attack.

James Peter Millington, 40, has pleaded not guilty to assault occasioning actual bodily harm, and wounding causing reckless actual bodily harm as his judge-only trial began on Monday in Lismore District Court.

Police will allege Mr Millington bit an off-duty police officer’s ear during an incident at the Richmond Hotel on Keen St, Lismore on December 13, 2019.

According to court documents, Mr Millington allegedly assaulted 71-year-old security guard Walter Kidwell while he was heavily intoxicated at the pub.

Several other off-duty police officers then allegedly became involved in the altercation.

It is during this incident Mr Millington allegedly grabbed off-duty senior constable Terry Masters and bit him on the top of the ear.

GRAPHIC WARNING: A South Lismore man has accused of biting the ear of an off-duty police officer, leaving him with significant injuries.

A number of exhibits were handed to Judge Jeffrey McLennan during the opening day of the trial including CCTV footage of the alleged brawl and photos of the injuries sustained by Mr Masters.

The court also heard from Mr Masters himself.

Snr Constable Masters said he had gone to the Richmond Hotel after a Lismore-Casino police Christmas party about 11pm.

After dancing for a short while, Mr Masters allegedly noticed Mr Millington “eyeballing” his colleague.

“The look on his face was an aggressive look, his stance was an aggressive stance, and it looked like he was shouting at (Mr Masters’ colleague),” he said.

“He just looked like he was looking for trouble.

“I moved to stand beside (Mr Masters’ colleague) and I said to the male, ‘you need to calm down mate’.”

When Mr Millington failed to respond, Mr Masters sought out the help of Mr Kidwell.

It was then Mr Masters alleges Mr Millington raised his right hand in a fist towards Mr Kidwell.

He acknowledged he didn’t see the fist make contact.

As the off-duty officers tried to step in, Mr Masters said the next thing he recalled was Mr Millington punching him, “bear hugging him”and biting down on his ear.

“I could feel him biting down hard on my ear and I could feel blood running down the side of my face,” he said.

“It seemed like a long time, it wasn’t just a quick bite, it was a bite and hang on.

“I was feeling a large amount of pain.”

He said medical treatment later showed he had a partially severed ear.

GRAPHIC WARNING: A South Lismore man has accused of biting the ear of an off-duty police officer, leaving him with significant injuries.

In his cross-examination, Mr Millington’s solicitor Harry Maarraoui argued Mr Masters was in fact aggressive towards Mr Millington on the night including using a ‘I’m watching you’ hand gesture towards him.

“What I want to suggest to you is that on that second interaction with the accused, you said to him words to the effect of ‘mate I told you to leave, get the f*** out of our pub’,” Mr Maarraoui said.

Mr Masters vehemently denied saying that.

“That’s totally incorrect I don’t use that language, I don’t speak like that.”

The trial will continue on Tuesday and is expected to last three days.