Lismore man charged with allegedly biting cop’s ear to reach judgment

There have been some tense moments in the courtroom as both side gave their versions of what happened at a local pub on the night of December 13, 2019. Today, a verdict will be handed down. This is what you need to know so far:

The trial of a South Lismore man who allegedly partially severed a senior constable’s ear during a pub assault is set to reach its verdict on Tuesday.

James Peter Millington, 40, has pleaded not guilty to assault occasioning actual bodily harm, and wounding causing reckless actual bodily harm during his judge-only trial, which began 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 trial reports, 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 where Mr Millington allegedly grabbed off-duty senior constable Terry Masters and bit him on the top of the ear.

The case has been a contentious one, and at several points during proceedings, the court reached full capacity as supporters of both men listened in.

The court heard from a variety of witnesses including both Mr Masters and Mr Millington, Detective Matthew Hudson, Senior Constable Laura Keogh, Senior Constable Sam Martin, Senior Constable Steven Hayes, Constable Scott Wilson, Senior Constable Cody Hildrew, band member Mark Bridges, patron Chris King, and a Richmond Hotel security guard.

CCTV footage of the brawl also became an important factor in the court proceedings.

But in case you missed it, here’s what was learnt each day:

MONDAY: ‘I could feel blood running down the side of my face’

During the first day of trial, the courtroom heard from Mr Masters himself.

Snr Constable Masters said he had gone to the Richmond Hotel after a Lismore-Casino police Christmas party where dancing, he had noticed Mr Millington “eyeballing” his colleague.

“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 security guard 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.

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.

GRAPHIC WARNING: Several other off-duty police officers then allegedly became involved in the altercation where Mr Millington allegedly grabbed off-duty senior constable Terry Masters and bit him on the top of the ear..

TUESDAY: ‘I’m going to find you when you don’t have a badge’

The court’s main witness on Tuesday was Senior Constable Steven Hayes, who was with Mr Masters following the Lismore-Casino Police Christmas party.

Mr Hayes said he first became aware of Mr Millington on the Richmond Hotel’s dancefloor “knocking drinks” and “acting aggressively”, alleging Mr Millington appeared to be under the influence of drugs.

After Mr Masters approached Mr Millington, Mr Hayes said Mr Millington’s alleged aggression increased.

He said he then saw Mr Millington punch Walter Kidwell, and in the same motion, punch Mr Masters.

Mr Hayes added, upon exiting the hotel, Mr Millington allegedly unleashed a “tirade of verbal abuse”.

Mr Maarraoui questioned why the officers did not tell the accused they were with NSW Police prior to Mr Millington being restrained outside the hotel by security guards or alert hotel security earlier.

Mr Hayes said he waited until he was “involved” to identify himself.

He also said during the altercation he was unable to reach for his badge to show Mr Millington.

Witness Detective Senior Constable Matthew Hudson, who arrived on scene to arrest Mr Millington, had also agreed the accused was verbally aggressive following his arrest.

“He said words similar to ‘I’m going to find you when you don’t have a badge and rape and kill your family,” Mr Hudson told the court.

WEDNESDAY: ‘“They have bashed me’

On Wednesday, the court heard from Mr Millington for the first time.

He told the court he headed to the Richmond Hotel following a work Christmas party, and had consumed about 11 alcoholic drinks, describing his level of intoxication as a 7.5 out of 10, with 10 being falling down drunk.

In his version of the night, he alleged Mr Masters approached him on the dancefloor, and told him to “f*** off”.

He alleged when Mr Kidwell came over, he stumbled and put his right hand out to steady himself which he alleges was then pulled back in a “judo hold” by someone he didn’t see.

He said he broke his arm out of the hold which landed in Mr Masters’ face.

He denied it was in a fist, that it hit Mr Kidwell or that he later bit Mr Masters.

Mr Millington alleged he continued being attacked until he was in the police van.

“I had gone to a public venue, (and) in my view, not done anything to any other men or women that deserved to be ganged up on, by not just a man, (but) a group of men, obviously together who, in my mind, were being thugs,” he said.

“They have bashed me, dragged me out of that public venue, now I am injured laying on the pavement with still men on top of me.”

He alleged the injuries left him with a month-long headache, broken ribs and bruised back.

During his cross-examination, the Crown Prosecutor vehemently challenged Mr Millington on his given evidence.

He played footage which he said showed blood on Mr Millington’s teeth.

“The reality is you were lying to his Honour when you gave evidence you didn’t bite him on the ear, weren’t you?” he said.

He also claimed Mr Millington had prior been kicked out of Mary G’s for his level of intoxication and that his headache was caused by headbutting custody cells.

While Mr Millington admitted he had been asked to leave Mary G’s before going to the Richmond Hotel, he denied the other allegations.

Several other off-duty police officers then allegedly became involved in the altercation where Mr Millington allegedly grabbed off-duty senior constable Terry Masters and bit him on the top of the ear. Supplied

THURSDAY: Two ‘competing versions’ at play

Both parties gave their closing addresses on Thursday, with defence barrister Mr Maarraoui stating any violence on his client’s part was a result of self-defence.

He said Judge Mclennan would have two discern between two “competing versions” of events in his judgment ‒ those of Mr Masters and those of Mr Millington’s.

“(The brawl) is instantaneous, it is co-ordinated,” he said.

“It is an intentional movement by the people to grab hold of Mr Millington and drag him outside.”

In objection to the ear-biting claim, he said the melee was illogical in how it played out and posited someone other than Mr Millington may have bitten Mr Masters.

“Things are happening that we may not be able to explain properly,” Mr Maarraoui said.

“Terry Masters says that ‘yes I felt a bite on my ear, but no one else sees the bite’.”

In his closing address to Judge Jeffrey McLennan, the Crown prosecutor said Mr Millington’s evidence was “confabulation” with “no place for self-defence”.

The Crown prosecutor said there was “overwhelming” evidence that Mr Masters’ ear, which was “extensively torn through”, was a result of biting.

“ (Mr Millington) had opportunity to do it, a motivation of his own admission to do it,” he said.