Parties deliver closing address in James Millington ‘ear-biter’ trial

A man who allegedly bit the ear of an off-duty Lismore police officer in a pub assault had the “opportunity and motivation” to do so, according to the Crown prosecutor.

The court heard the Crown prosecutor say Mr Millington had the “motivation” to bite and tear Mr Masters' ear.

** WARNING: This story includes graphic images**

A South Lismore man charged with biting the ear of a Senior Constable had the “motivation” to do so, a court has heard

James Peter Millington, 40, has pleaded not guilty to assault occasioning in actual bodily harm, and wounding causing reckless actual bodily harm.

Police allege Mr Millington bit off-duty police officer Terry Masters’ 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 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.

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

On Thursday, both parties submitted their final addresses of the four day trial at Lismore District Court.

In his closing submissions, Mr Millington’s defence barrister Harry Maarraoui said 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.

“People having a fight in a pub, you would expect them to be punching on, people scattering outwards but Mr Millington is basically enmeshed between three to four other bodies.

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

“They may be off-duty (police officers) but they are still trained in controlling situations or confronting breaches of the peace.”

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’.”

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

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

“It’s not really a situation where you’ve got the nephew and the pussycat in the kitchen with the cookie jar,” he said.

“We’ve got the nephew with the cookie in his mouth and the crumbs are apparently inside his mouth your Honour.”

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.

Judge McLennan acknowledged himself he was likely to believe Crown evidence that Mr Millington told Lismore Detective Matthew Hudson he would “rape and kill you and your family”.

“I really don’t have any doubt he said the things that police said he said,” Judge Mclennan said.

“I understand why he said those things, along with other things he said that he said.

“The real issue to me is...whether I’m seeing a continuation of his aggressive demeanour (from inside the hotel).

Judge Mclennan said he would take time to consider both parties arguments and would deliver his final judgment on Tuesday, June 15.