Mackay man allegedly punched, choked ex over Mother’s Day McDonalds breakfast

A trial to determine whether a man choked his ex in front of their two children on Mother’s Day has fallen over after a key witness was a no show.  

An argument over a McDonald’s breakfast bought as a “special treat” for Mother’s Day allegedly devolved into violence after a man attacked his ex partner in front of their children.

A jury was discharged on the third day of trial after a critical witness failed to turn up for court two days in a row, despite a subpoena requiring them to testify.

The witness was an upstairs neighbour present in the Bakers Creek home where a Mackay man allegedly assaulted and choked his ex partner in front of their young children on Mother’s Day in 2022.

The Mackay District Court had just finished hearing the mother’s evidence when police confirmed the neighbour could not be found despite search efforts.

Judge Gregory Lynham said because the neighbour was a “crucial witness to both the prosecution and defence” the trial could not continue.

“It’s with great reluctance (but) unfortunately in the circumstances here I’m really left with no choice,” he said.

The defendant pleaded not guilty to common assault and choking (domestic violence).

The mother began her evidence from a separate room in the courthouse on Tuesday afternoon, after the court had adjourned for most of the day to give the neighbour an opportunity to turn up.

The jury heard her testify the assault on May 8 was the latest incident in a pattern of abusive behaviour that ended her relationship with the man in 2011, shortly before their children were born.

She detailed several incidents when the former couple lived together in Mount Isa and when they met again in Townsville.

Despite the police being called to their residences on many occasions, the woman said she had been too ashamed to make formal complaints about domestic violence until the alleged choking on May 8, 2022.

“When you’re in that sort of relationship, you don’t want to tell anyone, you don’t want to be humiliated,” the mother said.

“(On May 8) it was zero to 100, I’ve never seen him like that before (and he’d) never touched my throat before.”

Crown prosecutor Shannon Sutherland showed to the jury photos taken after the incident of red marks on the woman’s neck, where she said he held her for several seconds.

Defence barrister Scott McLennan said the woman’s claims of abuse “just aren’t true” in a lengthy cross examination spread across two days.

Mr McLennan said the woman had “lied to the jury’s faces” about the alleged Mother’s Day assault, positing it was her who attacked the man.

On Wednesday, the court heard the woman had been named in several work complaints for aggressive language and had been accused of assault by a coworker before the charge was dismissed.

Mr McLennan put to the woman that in fact she was an aggressive, short tempered, violent, and deceitful person, which she calmly denied.

The trial was adjourned and listed for mention on May 27.

Trial Day 1: Mum allegedly punched, choked by ex over Mother’s Day Maccas brekkie

A jury was empanelled before Judge Gregory Lynham on Monday.

Ms Sutherland said the woman and her children usually lived in Townsville, but had temporarily moved in with the children’s father to consider moving to Mackay.

“On the morning of Mother’s Day, which was Sunday May 8 (2022), (the woman) went and got McDonalds in the morning for breakfast as a special treat.

“The defendant (said) he thought she didn’t eat stuff like that (but she) explained that it was Mother’s Day.

“He accused her of lying and said he couldn’t trust anything she said (so) she went to the bedroom to collect her belongings.

“He approached her from behind and grabbed her by the hair, yelling at her to get out of his house (and) he punched her in the face.

“She yelled at him to stop and fell to the floor … he stood to her side, bent over and placed his hands around her neck, (applying) pressure.”

Ms Sutherland said their two children were there and one tried to intervene but her father “pushed her and she hit her head”.

Police were called to the Bakers Creek house and the woman taken to Mackay Base Hospital, where Ms Sutherland said doctors observed bruising on her neck and face.

The court heard their relationship had begun in 2009 and ended within two years due to previous domestic violence, though no formal complaints were ever made.

Ms Sutherland said the former couple reconnected when the man began paying child support in 2022.

The jury heard the woman, her daughter, a neighbour, first responder paramedics, police officers, and the Mackay Base Hospital doctor would all be called to give evidence.

Originally published as Mackay man allegedly punched, choked ex over Mother’s Day McDonalds breakfast