Wayne Ball found not guilty of assaulting Patricia Moore following Toowoomba Magistrates Court hearing

After a Toowoomba family alleged their neighbour attacked them, a magistrate found the defendant not guilty when they all gave differing stories in court.

Bloody neighbourhood feud: Wayne Anthony Ball was found not guilty after a Toowoomba family accused him of assaulting a family member. Picture: News Regional Media

A Toowoomba court was told a violent street brawl broke out at a Newtown address between one man and a family when tensions over a parking dispute boiled over.

Wayne Anthony Ball fronted Toowoomba Magistrate Court in July after Patricia Moore accused him of attacking her in a blind rage, despite her best efforts to calm him down.

However, magistrate Kay Philipson acquitted Mr Ball after a hearing, where she found Ms Moore was an “entirely unsatisfactory and untruthful” witness.

The violent neighbourhood brawl occurred at 4 Ethel St, Newtown, on August 11, 2022. Picture: Google Maps

Mr Ball represented himself in court and pleaded not guilty to the one charge of assault causing bodily harm while adversely affected by alcohol in public.

Ms Philipson said it was clear Mr Ball lashed out in self-defence after being hit by Ms Moore’s nephew, Brendon Dean, and he mistakenly hit the woman.

“Each witness called has given entirely different versions of what occurred,” she said.

During the hearing a number of people gave their version of events as evidence which included the alleged victim Ms Moore, her nephew Mr Dean, her sister Kathleen Collingsworth, Mr Dean’s girlfriend Britney Covill, and another family member Rachel Baldwin.

Kathleen Collingsworth (left) and Rachel Baldwin (right) gave evidence at the Toowoomba Magistrates Court on July 04, 2023. Picture: News Regional Media

The street brawl erupted on Ms Moore’s mother’s driveway on Ethel St about 3pm on August 11, 2022.

Mr Dean told the court he heard a man yelling at his aunty to move a car, and when he saw the man “get in her face”, he instinctively went into protector mode and punched the man in the face.

Mr Ball, who lived two houses down, dropped to his knee.

Mr Ball, 53, told the court his hooded jumper was covering his face while he was held down and hit in the face a number of times.

Mr Ball and Mr Dean said, it was when Mr Ball broke free and stood up, that he swung out against the group of people and allegedly hit Ms Moore on the side of her face.

More than one witness told the court after Ms Moore was hit, Mr Ball said “I was meant to hit him”.

Wayne Anthony Ball was found not guilty of assault after a Toowoomba family allegedly beat him bloody. Picture: News Regional Media

However, Ms Moore told the court an irrational and abusive Mr Ball came at her and punched her in the face, which resulted in her family coming outside to restrain Mr Ball.

Ms Moore said she never saw her nephew hit Mr Ball.

Kathleen Collingsworth also alleged Mr Ball attacked her sister and no one had hit him.

“He swung and in a second we were all on him,” she said.

“He was really aggressive, we thought he was going to beat us all up.”

While representing himself Mr Ball had an opportunity to question Ms Collingsworth.
He asked her, if he was not assaulted, then why was he covered in blood and sporting a number of gashes on his face?

Ms Collingsworth told the court that perhaps the defendant injured himself on the driveway.

Kathleen Collingsworth (left with umbrella) and Rachel Baldwin (left with umbrella) gave evidence at the Toowoomba Magistrates Court on July 04, 2023. Picture: News Regional Media

When acquitting Mr Ball of the assault, Ms Philipson said, “it would seem (Mr Ball) has struck out in the mistaken belief that he was striking out at the person who perpetrated the unprovoked assault against him”.

“I find the defendant not guilty,” she said.

“While (Ms Moore) may have appeared calm in giving her evidence and tried to justify her behaviour as being the rational person there … it is clear that she was entirely untruthful.

“She gave no evidence at all about the assault which Mr Dean is said to have committed against the defendant prior to him assaulting her and in fact says she saw nothing.”

Ms Philipson also found insufficient evidence to suggest Mr Ball was adversely affected by alcohol at the time of the incident.