Moree man Andrew Patrick Holten from in Coffs Harbour Local Court after alleged Kempsey assault

A special hearing is underway to determine if a violent break and enter and assault on a woman actually took place on the Mid-North Coast after the accused was found criminally not responsible.

Moree courthouse

A special hearing is underway to determine if a violent break and enter and assault on a woman took place in Kempsey after the accused was found criminally not responsible.

Nearly one year ago, Andrew Patrick Holten was found to be not criminally responsible due to mental impairment.

Now a hearing is underway in Coffs Harbour District Court before Judge Michael McHugh to determine if the events that sparked the criminal charges even took place.

It was heard in court on Tuesday that Holten has a duplicate 20 chromosome disorder.

It is most commonly characterised by mild to moderate intellectual disability, speech delay and distinctive facial features.

Holten sat in the dock with a support person while family members watched on from the public gallery.

Andrew Patrick Holten.

His defence lawyer told the court the complainant in the matters “overwhelmingly appeared to have an axe to grind and a selective memory”.

It is alleged Holten forced his way into a home during a weekend in 2022 and assaulted the female occupant.

He was charged with contravening a prohibition/restriction in an apprehended violence order; aggravated break and enter and commit a serious indictable offence with people inside; stalk and intimidate with the intent to cause fear of physical harm; and assault occasioning actual bodily harm.

The Crown told the court that “aside from his deficits” Holten intentionally threatened the complainant with violence and at one point “shaped up to her in a boxing stance”.

In relation to the assault, the court heard there were photos of bruising around the woman’s eye but the defence questioned the authenticity of them, telling the court the original images had been removed from her phone and that the “photos may not relate to this event”.

Coffs Harbour courthouse

When asked why the images had been removed, the woman told the court her psychologist had recommended she do this to alleviate trauma.

The defence told the court the complainant had essentially “thrown her (the psychologist) under the bus” as her expert evidence stated she would never suggest this to a client.

“The psychologist says she can’t see any evidence of this conversation - and she took extensive notes - and that she would never have advised her to delete them - she never did it, and would never do it,” the defence lawyer said.

The hearing was adjourned on Tuesday and will resume on April 11 with Holten to appear via video link from the courthouse at Moree where he is currently living.

If Judge McHugh finds the acts proven, there are a number of possible outcomes including ordering Holten to be remanded in custody until a further order is made, or detaining him in the place and manner the court sees fit until released by due process of law.

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Originally published as Moree man Andrew Patrick Holten from in Coffs Harbour Local Court after alleged Kempsey assault