Alleged Mongols member, Jessie Steven Ashworth acquitted on assault charge

An alleged member of the Mongols outlaw motorcycle gang has been acquitted after the prosecution failed to produce enough evidence to convince a magistrate the accused had bashed a man over a thrown slice of pizza.

Jessie Steven Ashworth was acquited of an assault charge after police alleged he beat a man after a night out for disrepecting his friends home, throwing pizza. Picture: Supplied

An alleged member of the Mongols outlaw motorcycle gang has been acquitted after the prosecution failed to produce enough evidence to convince a magistrate the accused had bashed a man over a thrown slice of pizza.

Jessie Steven Ashworth was accused of assaulting a man at a Bayview Heights residence after a night of partying at Gilligan’s and the Woolshed ended with drinks and alleged drug use at a friend’s house in Far North Queensland.

Mr Ashworth pleaded not guilty.

Police prosecutor Luke Parrish told the court the two men had met a few times at the gym before seeing each other on a night out.

Mr Parrish said the assault followed an accusation of pizza-throwing and “disrespecting” Mr Ashworth’s friend’s home.

The complainant told the court he was struck in the sternum from behind in a wrapping hook around his body that dropped him to the ground and “knocked the air out of him”.

He told the court the people were chatting, playing music and swimming in the pool before he described someone “racking up” what he believed to be cocaine on a plate.

Cairns court house. Picture: Brendan Radke

He said it was half an hour after that when he was attacked from behind.

“I remember being struck in the sternum area and falling to the ground, I couldn't breathe or anything,” he said.

“Then I felt an impact to my face and I opened my eyes from laying on my back and I immediately recognised this person to be Jessie and he was standing over me.

“He grabbed my shirt with one hand and he struck me in the face a few times and asked me why I threw that pizza and that it was disrespectful to his mate’s house to do that and kept striking me in the face.”

He told the court the assault stopped when another man got off the couch and said it was him who threw the pizza who then got in an argument with the man who assaulted him.

The man used that time to leave the home over a back fence and go home before heading to the hospital.

Police have alleged Mr Ashworth is a member of the Mongols outlaw motorcycle gang. Picture: Queensland Police Service

His treating doctor at Cairns Hospital also gave evidence during the hearing.

He told the court the man presented with a swollen eye and dried blood around his nose.

He confirmed he noted he showed signs of retrograde amnesia and agreed that it was common for amnesia to follow a traumatic brain injury.

Detective Senior Constable Trent Odmark, who was the investigating officer, told the court that only two witnesses were identified with one refused to provide a statement and the second was not approached.

At the conclusion of the hearing of evidence, Mr Ashworth’s defence counsel James Sheridan argued the prosecution had not proven their case.

Mr Sheridan said there were three interconnected issues, identification, the absence of relevant witnesses which has not been explained, and the intoxication of the complainant from alcohol and cocaine combined with possible amnesia made his identification of the accused questionable.

Police allege a Cairns chapter of the Mongols outlaw motorcycle clubs is emerging. Picture: Jason Walls

Magistrate James Morton said he had heard the name Jessie but had not heard the witness identify the defendant.

“Jessie could be anyone, I haven’t heard identification of this person yet,” he said.

The submission was granted and Mr Ashworth was acquitted of the charge.

Mr Morton added, “the prosecution’s case hasn’t been made out against you, I’m not saying you’re innocent”.

Mr Ashworth is in custody awaiting finalisation of unrelated charges including a grievous bodily harm charge and consorting.

Originally published as Alleged Mongols member, Jessie Steven Ashworth acquitted on assault charge