‘They have bashed me’: Alleged ear-biter speaks out during Lismore District Court trial
“In my mind (they) were being thugs ... the truth is, my recollection is much closer to the facts than the intoxicated police officers who were there portrayed it.”
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The South Lismore man at the centre of an alleged pub assault of a Lismore senior constable, resulting in a partially severed ear, has given evidence, labelling the off-duty police “thugs” as the trial hits day three.
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 Wednesday 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 prior 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.
As the trial pressure grew, the public gallery reached full capacity as supporters of both Mr Millington and Mr Masters watched the proceedings.
The court heard from eyewitnesses Matthew Hudson, Senior Constable Laura Keogh and Senior Constable Sam Martin before hearing from Mr Millington himself.
He told the court he headed to the Richmond Hotel following a work Christmas party, and had consumed about 11 alcoholic drinks, and described 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, told him to “f*** off” before putting his hand over Mr Millington’s shoulder.
From there, Mr Millington alleges the security guard was called over and told Mr Millington to exit the premises.
Allegedly stumbling during their conversation, Mr Millington 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.
It was then he broke his arm out of the hold and his hand in Mr Masters’ face.
He denied it was in a fist, that it hit Mr Kidwell or that he later bit him.
Mr Millington also alleged he continued being attacked until he was in the police van.
When questioned by the Crown prosecutor why he allegedly told one off-duty officer he would “rape and kill you and your family”, he said he had only told the officer to “get off me, f*** off”.
He alleges he had used such language because he had been restrained stomach-down onto the pavement.
“I had gone to a public venue, in my view, not done anything to any other men or women that deserved to be ganged up on by not just a man 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.
Mr Millington also denied grabbing women and fellow dancers as prior witnesses testified.
However, 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 bit 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 from 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.
“The truth is, my recollection is much closer to the facts than the intoxicated police officers who were there portrayed it,” he said.
The trial is expected to conclude on Thursday.
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