Men off charge in court case
LISMORE District Court Judge James Black has told the jury hearing a Byron Bay assault case against three men to acquit two of them on one of the charges.
His Honour found Dean William Phelps and Lee Frederick Funnell had no case to answer in the Crown case alleging they inflicted grievous bodily harm with intent to Pottsville man Dallas Arnold, 32, at Byron Bay on March 7 2009.
The serious charge still stands against Nicholas Stafford Sharp, 27, of Ocean Shores, who is accused of stomping the head of Mr Arnold as he lay injured and unconscious on the pavement outside the Great Northern Hotel.
Sharp, Phelps, 25, of Suffolk Park but now living on the Gold Coast, and Funnell, 26, of Brunswick Heads, remain accused of threatening to use violence towards hotel security guard Campbell McFarlane and other people that would cause them to fear for their safety.
Phelps and Funnell are also accused of assaulting Nathan Spratt, 31, of Carrara on the Gold Coast, together causing him bodily harm.
During cross-examination by the Crown yesterday, Sharp denied stomping the head of Mr Arnold.
The Crown also accused Sharp of intentionally kneeing Mr Arnold because he knew it would cause the “maximum amount of damage” because the muscles of a person’s “gluteus maximus” were stronger than biceps.
This allegation was immediately discounted by Sharp, saying, “No, I can’t agree with you”.
Sharp’s girlfriend Lauren Newman, a gym worker, in previous evidence told the trial he was not a body builder nor had she seen him take steroids.