Off-duty cop asked why he didn’t reveal his job to alleged ear-biter during Lismore pub attack

The judge in the trial of a man accused of biting an off-duty police officer’s ear has warned the public gallery to stay quiet, as the trial enters its third day. WARNING: GRAPHIC IMAGES.

James Millington's trial at Lismore District Court continues. Pictured are Terry Masters' sustained injuries.

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

The trial of a South Lismore man who allegedly bit the ear of a senior constable got heated on Tuesday, as the man’s defence barrister argued the off-duty police officers should have identified themselves.

James Peter Millington, 40, has pleaded not guilty to assault occasioning in actual bodily harm, and wounding causing reckless actual bodily harm as his trial resumed on Tuesday at 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 became involved in the altercation where Mr Millington allegedly grabbed senior constable Terry Masters and bit him on the top of the ear.

The court heard from key eyewitnesses, including Senior Constable Steven Hayes, who was with Mr Masters following the Lismore-Casino Police Christmas party.

Mr Hayes said he first become aware of Mr Millington on the Richmond Hotel’s dancefloor “knocking drinks” and “acting aggressively”.

He alleged Mr Millington appeared to be under the influence of drugs.

“He was sweating profusely, the veins in his head were bulging, his fists were clenched, his eyes were very pinpoint,” Mr Hayes said.

After Mr Masters approached Mr Millington, who had alleged on Monday he told the accused to “calm down mate”, Mr Hayes said Mr Millington’s alleged aggression increased.

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

At that allegation, one supporter of Mr Millington in the public gallery started shaking her head and mouthing at Mr Hayes, causing Judge Jeffrey McLennan to step in.

“If I see that conduct, the person engaged in that conduct will be asked to leave,” he cautioned.

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

“He was telling people to get f***ed, to let him go, to f*** off,” he said.

“At one point he did lash out at me and kicked his legs while being held by security.”

GRAPHIC WARNING: Mr Millington is accused of biting the ear of an off-duty police officer, leaving him with significant injuries.

Mr Millington’s defence barrister Harry 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.

“What you’re telling his Honour is that from the time you first noticed the accused until he was outside on the ground being detained by you and security, you at no time prior told the accused you were a police officer?” he asked.

He also asked why the group had not alerted hotel security earlier if Mr Millington was indeed “assaulting” other dancers.

“At that point in time, if you believed he was drug affected, why didn’t call security over when you noticed that, you didn’t ask them to remove him because he was drug affected, did you?”

Mr Hayes said the group reached out to security only because Mr Millington’s behaviour was continuing and “nothing was getting done about it” and that 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.

GRAPHIC WARNING: Mr Millington has accused of biting the ear of an off-duty police officer, leaving him with significant injuries.

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

“He told me to get f***ed c***,” he said.

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

Other witnesses including Constable Scott Wilson, Senior Constable Cody Hildrew, band member Mark Bridges, patron Chris King, and a Richmond Hotel security guard were called upon during the second day of trial.

The trial will continue on Wednesday where the Crown case is expected to conclude.