Alleged attack on partner, good Samaritan at Bunnings ‘a consensual fight’, court hears

A man who allegedly assaulted his partner and a good Samaritan who tried to intervene in the Bunnings carpark could be acquitted on the basis that they each consented to being struck, a court has heard.

UPDATE 2PM FRIDAY: A MAN who allegedly assaulted his partner and a good Samaritan who tried to intervene in the Bunnings carpark could be acquitted on the basis that they each consented to being struck, a court has heard.

Don Smith, 54, faced the Darwin Local Court on Friday charged with aggravated assault and recklessly endangering serious harm following the incident in Eaton on Wednesday night.

In applying for bail, his lawyer, Simon O’Halloran, told the court that as prosecutors had not obtained a statement from Smith’s partner, there was a prospect of him being acquitted if they couldn’t prove she wasn’t consenting.

“We say that while we certainly don’t agree with Mr Smith’s conduct and the way that he has expressed himself with his wife, it’s not clear that there’s a lack of consent in relation to that charge,” he said.

“It’s not a strong charge at this stage until there’s a statement forthcoming from the victim.”

Mr O’Halloran said it was also “entirely open” for Smith to contest the charge of assaulting the good Samaritan “on the basis of a consensual fight”.

“My client’s instructions are that it was this complainant that struck first — he pointed out to me an injury to his forehead which is consistent with what is said by the complainant,” he said.

“He says ‘I think the fatter guy’ — which is referring to Mr Smith — ‘tried to punch me first, the skinny guy’ — which is the co-accused — ‘was in my face, I tried to fight back, I punched the fat guy in the nose, hoping that that would stop them attacking me’.”

Mr O’Halloran said the good Samaritan had suffered a broken knuckle which was “consistent with someone throwing quite a significant punch, with force”.

“We say that the way in which the fight unfolded was different to the way the complainant explained it,” he said.

But in refusing bail, judge Dick Wallace said while it appeared the reckless endangerment charge was more attributable to the actions of Smith’s co-accused, witnesses claimed to have seen him “belting” his partner.

“Unless she makes a statement positively asserting that he was doing so at her invitation, which seems pretty unlikely, the fact that she hasn’t made a statement and may be reluctant to give evidence isn’t going to do the defence much good,” he said.

Mr Wallace said the argument in relation to the good Samaritan was on similarly shaky ground.

“He’s being assailed by two men and he throws a punch and you say it’s a consensual fight when he said “I don’t want to fight” — well good luck,” he said.

UPDATE: A 54-year-old man has been charged in relation to an alleged violent scuffle at a Bunnings carpark.

Northern Territory Police have charged a man for an alleged assault in a carpark in Eaton on Wednesday.

Police alleged a 43-year-old man was attacked after he intervened in a fight between the 54-year-old man and a 49-year-old woman.

“The victim has attempted to intervene in what appears to be a domestic violence incident and he was himself assaulted” Detective Senior Sergeant Michael Budge said.

As the good Samaritan walked away the 54-year-old allegedly turned on him, pushing him to the ground.

Police allege a 29-year-old joined in, and the pair repeatedly kicked the victim in the head and body.

The 43-year-old man was taken to Royal Darwin Hospital in a stable condition and has since been released.

Police arrested the 54-year-old at the scene and he has since been charged with two counts of aggravated assault and one count of recklessly endangering serious harm.

He was remanded to appear in Darwin Local Court today.

Sgt Budge said a 29-year-old suspect remained outstanding and the investigations were continuing.

“The behaviour of these two men is disgusting and police will find the second offender,” he said.

EARLIER: A GOOD Samaritan was allegedly attacked by a man when he stepped in to protect a woman in a Bunnings carpark.

Northern Territory Police were called to reports of a domestically related assault taking place in the carpark of Bunnings, Bagot Rd, Coconut Grove at 3pm, Wednesday.

Police allege a 43-year-old man stepped in to stop the woman from being assaulted by her partner.

As the man walked away the other man allegedly turned on him.

Police will allege the man pushed the good Samaritan to the ground before a second man joined in the scuffle.

Police allege the two men repeatedly kicked the victim in the head and body.

They were pushed off by another bystander, who ran a shopping trolley into them to stop them.

Police and St John Ambulance NT arrived at the Bunnings carpark and treated the 43-year-old man, who was being cared for by members of the public.

The 43-year-old was taken to Royal Darwin Hospital in a serious but stable condition.

He has remained in hospital overnight under observation.

A 54-year-old male was arrested at the scene and taken to the Palmerston Watch House.

NT Police said they were still searching for another man allegedly involved in the assault.

Police described the suspect as being of Indigenous appearance, five foot eight, with an athletic build and wearing a white T-shirt and shorts.

Police have called for anyone who may have witnessed the assault or has dashcam or mobile phone footage of the incident to contact Police on 131444 or Crime Stoppers on 1800 333 000.