THERE were chaotic scenes in Ballarat Magistrates’ Court yesterday as an Alfredton man found guilty of assault lashed out at a magistrate and police members.
A highly agitated and aggressive Dwayne Carney, 38, was quickly warned by police outside the court that he would be arrested if he continued to shout abuse and question the merits of the case against him.
Carney had earlier pleaded not guilty to a charge of recklessly causing injury following a 2012 incident in which he assaulted the husband of a court worker who was trying to serve him with family law documents.
Magistrate Peter Mithen said Carney’s claims of self-defence were not warranted and found the charge proven.
A witness told the court that on August 6 last year her husband drove her to Carney’s Alfredton home where she attempted to serve him with the documents.
The court heard Carney shouted abuse at the woman and would not accept the papers.
After leaving the package on the doorstep of Carney’s home the woman then got back into the car with her husband.
The woman recalled being “terrified” when Carney then ran towards the car, opened the driver’s door, pulled her husband out and assaulted him.
Recalling the assault that left her husband bloodied and with swelling to his face, the woman said at one point another man ran from the home and kicked her husband while he was being attacked by Carney.
At times laughing while the witness recalled the assault, Carney was heard mumbling “classic” to himself in the court.
Initially standing the matter down to have Carney assessed for a community corrections order, magistrate Peter Mithen later told the court Carney was not suitable for such an order.
In sentencing Carney, Mr Mithen constantly reminded the accused to keep quiet.
“I didn’t ask you to comment,” Mr Mithen said at one point.
“Well, I just commented,” came the reply.
Carney shouted “thanks heaps” at the police prosecutor as he was convicted and fined $1200.