Stephen Hart: Malua Bay man cleared of assault charge after Easter ‘coward punch’

A man who threw a “coward punch” at his neighbour during an Easter party has been cleared of his assault charge, after a court found the strike to be self defence.

Stephen Hart’s hearing was held in the Moruya Local Court.

A man who threw a “coward punch” at his neighbour during an Easter party has been cleared of his assault charge, after a court found the strike to be self defence.

Stephen Hart, 46, previously pleaded not guilty to assault occasioning actual bodily harm, before he appeared before the Moruya Local Court on Thursday for his hearing.

The court found the strike at his neighbour, Paul Fearin, was self defence, as Mr Fearin felt threatened by Hart during an Easter gathering in Malua Bay on March 31.

Mr Fearin has not been charged in relation to this incident.

The party was not at Hart’s or Mr Fearin’s houses, rather a separate Malua Bay home the pair had mutual friends at.

Stephen Hart leaving Moruya Local Court.

Mr Fearin said he was “welcomed warmly” during Prosecutor Cory Wear’s examination in chief.

“Mr Hart approached me and was seemingly friendly, then he said ‘you didn’t shake my hand the other night at the club’, then he smiled and hit me,” Mr Fearin explained in his series of events.

Paul Fearin was "coward punched" in the head.

“It was a coward punch.”

The punch saw Mr Fearin fall back into a caravan parked in the driveway, hitting his head and severely damaging two front teeth.

“Young children were crying and screaming, there was blood everywhere,” Mr Fearin told the court.

Hart’s lawyer, Edward Neaves, asked Mr Fearin during cross examination whether anything was said leading to the punch.

“Is it true that you said to Mr Hart after he mentioned the handshake that ‘not everything’s about you, have I hurt your f**king feelings, princess?” Mr Neaves asked.

“That is not true,” Mr Fearin replied.

“And is it true that you then pushed your face into his?” Hart’s lawyer asked.

“I disagree with that,” Mr Fearin answered.

Hart’s series of events fit with Mr Neaves questions, with the 46-year-old defendant stating he felt threatened before the punch was thrown.

“He pushed his face into mine,” he said.

“I felt scared, I suppose.”

The court heard Mr Fearin left the party after the punch, before contacting police.

In the Moruya Local Court on Thursday, Magistrate Doug Dick said prosecution needed to find the assault was “beyond” self defence.

He said they failed to do so.

Hart was ultimately cleared of his charges and the case was dismissed.

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