KPMG exec Daniel Dunkley cleared of headbutting builder

The case against a KPMG associate director accused of headbutting a builder at his $2.3m property has been dismissed.

A KPMG associate director accused of “headbutting” a builder who was renovating his $2.3m property has had the charge against him dismissed.

Daniel Dunkley, 45, faced Downing Centre Local Court on Friday charged with common assault over the incident on Wednesday, August 24, 2022.

The alleged victim, Alexander Houlton, was overseeing the renovations of Mr Dunkley’s three-storey property in Sydney’s inner east when the KPMG director allegedly headbutted the builder, causing the back of his head to hit a car window.

According to police reports, Mr Dunkley allegedly tried to enter the construction site unlawfully on Moore Park Rd in Paddington before 9am.

An altercation allegedly ensued and Mr Houlton was concussed and later hospitalised with a head injury.

Daniel Dunkley has been cleared of headbutting a builder. Picture: NCA NewsWire / Nikki Short

However, magistrate Robert Williams said the case brought against Mr Dunkley could not be proven beyond reasonable doubt because of unreliable evidence from Mr Houltonand the primary witness.

The court was told there were considerable “issues of credibility and inconsistencies” in Mr Houlton’s version of events across police reports and court appearances.

“The complainant was evasive when asked questions in cross-examination and at times confrontational,” Mr Williams said.

“On some occasions he could not answer simple questions put to him.

“He told the police (Mr Dunkley) turned up unannounced but accepted he did make an arrangement on Monday for him to turn up on Wednesday.

“He then accepted (Mr Dunkley) did not turn up unannounced.”

Mr Dunkley smiled with his wife after the magistrate handed down the decision. Picture: NCA NewsWire / Nikki Short

Mr Williams said the dismissal largely came down to doubts about whether the alleged

“headbutt” had occurred.

“A photo which was taken of the complainant does show a mark on the lower forehead or upper mark of his nose,” Mr Williams said.

“Mr Houlton told police on video (the assault) happened on the passenger side of the truck but then changed it to the driver’s door … and was wearing a peak cap on top of his forehead when talking to police

“The court cannot find beyond reasonable doubt (the mark) relates to a headbutt action or impression.”

The court was also told the primary witness, a fellow builder who allegedly saw the assault, provided evidence that “clearly lacks reliability”.

“For example, he states he clearly saw the common assault by the defendant by way of headbutt, but in cross-examination and also after viewing the video it is clear he could not have seen the incident from his position,” Mr Williams said.

Mr Dunkley provided clear and concise evidence, the magistrate said. Picture: NCA NewsWire / Nikki Short

“It was noted from the video a truck was parked in the driveway obscuring the view, but he said there was no truck … (he) is an unreliable witness.”

Mr Williams raised further questions about the allegation that Mr Dunkley threatened to “ruin” Mr Houlton with the help of Mr Dunkley’s wife, a senior executive at Macquarie Group.

In delivering his decision, Mr Williams noted Mr Dunkley was “no trouble” during cross-examination and provided clear and concise evidence.

“The court has great difficulty in finding that there was a headbutt on that day … and cannot be satisfied beyond reasonable doubt for the reasons just stated,” Mr Williams said.

The magistrate noted ‘unreliable’ evidence and doubts about the complainant’s allegations Picture: NCA NewsWire / Nikki Short

“On this basis the proceedings are dismissed.”

The court was previously told Mr Dunkley was granted strict conditional bail and police took out an interim apprehended violence order preventing him from approaching, contacting, visiting, assaulting, threatening, stalking, harassing and intimidating Mr Houlton.

Following the dismissal, Mr Williams also waived the AVO.