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Mathew David File pleads not guilty to assault after punching Graeme Gibb following incident on Burleigh road

An elderly driver has accused a cyclist of breaking his jaw with a single punch after a close call on a Gold Coast street. SEE THE INCIDENT THAT SPARKED THE CLASH >>>

AN elderly driver has accused a cyclist of breaking his jaw with a single punch after a clash on a beachfront Gold Coast street.

But the cyclist claims the driver, in a classic Pontiac Firebird, almost ran him off the road in the moments prior to the jab.

Mathew David File pleaded not guilty in the Southport Magistrates Court on Thursday to assault of a person over 60.

The court was told Mathew File, 47, and a friend were cycling on The Esplanade in Burleigh on August 30 last year when Graeme Gibb, 77, passed them and pulled into the car park at the Miami Tavern.

File then punched Mr Gibb in the face breaking his jaw.

Graeme Gibb. Picture: Jamie Hanson.
Graeme Gibb. Picture: Jamie Hanson.

Mr Gibb said he saw File and his riding partner, Peter Lane, riding two abreast on The Esplanade, before passing them on the opposite side of the road.

He told the court that as he passed he told them: “Single file guys.”

Mr Gibb said he never used his horn and wound his window down as he passed.

He also denied almost hitting File.

The video footage played showed Mr Gibb blasting the horn for about a second as he approached the cyclists and then passing closely by with the window wound up.

He also did not move completely into the other lane.

Mr Gibb told the court he stopped his car a short time later after going over a speed bump in the car park. He said he felt a second thud as the back wheels went over the bump.

His said the cyclists were right behind his car.

The video footage showed his car stopped prior to the speed bump and the cyclists on the footpath.

Matthew File (left) outside court in Southport. Picture: Lea Emery
Matthew File (left) outside court in Southport. Picture: Lea Emery

Mr Gibb said he got out of the car and said: “What’s up with you guys?”

He said that was when File hit him on the jaw and he went to the ground.

Mr Gibb was left with a displaced fracture in his jaw.

The footage did not show the actual punch.

Mr Gibb told the court: “I don’t talk with f words or c words or things like that. I find it pretty gross.”

In the video he is heard saying: “Don’t take up the whole f***ing thing.”

File told the court he was “fairly shaken and angry” after what he said was a near miss as Mr Gibb passed him.

File said he stopped when he saw Mr Gibb pull up because he intended to confront him verbally.

“He covered the ground between the car and myself very quickly and was swearing and aggressive in nature and demeanour,” File said.

“I was angry from the near incident and also concerned at the rate he was coming at me and abusive language.”

File said he did not realise that Mr Gibb was in his 70s at the time and just saw a man in a black muscle shirt, who appeared to be fit, coming towards him.

“He was of a decent size… enough to be a threat to me,” he said.

“If I had have got hit by him I felt I could have been hurt.”

File told the court he is 188cm tall and was about 100kg at the time.

Mr Gibb told the court he was about 88kg at the time.

Magistrate Kerry Magee reserved her decision to a later date so she could consider the evidence.

Original URL: https://www.goldcoastbulletin.com.au/truecrimeaustralia/police-courts-gold-coast/mathew-david-file-pleads-not-guilty-to-assault-after-punching-graeme-gibb-following-incident-on-burleigh-road/news-story/0cf15d006bdaefc67690e7ea0d7830f2