Mount Clear man pleads not guilty over Ballarat CBD attack

A BALLARAT man accused of a late-night double stabbing in the Ballarat CBD last year is pleading not guilty to the alleged offence.

Kyle Auchettl, 26, who now lives in Mount Clear, will face the County Court next year, charged with affray and two counts of intentionally causing serious injury. 

Presiding over the second day of a committal hearing in the Ballarat Magistrates Court yesterday, magistrate Cynthia Toose said the evidence that had been presented was strong enough to order Auchettl to face a County Court jury.

Two witnesses were called for the second day of the hearing; a Victoria Police forensic officer and Ballarat Criminal Investigation Unit Detective Senior Constable Rod Stepnell.

The court heard Auchettl was arrested in a lane off Grenville Street on December 9 last year, a few hundred metres from where the two men suffered stab wounds.

Both men were hospitalised and released a few days later.

Prosecutor Tim Hoare said Auchettl threw a knife allegedly used in the stabbing on top of a CBD rooftop, which he later admitted to in an unofficial interview.

Mr Hoare said Auchettl then pointed police towards where he threw the knife, although it was never recovered.

Auchettl then gave an official “no comment interview” to police.

In cross examining Detective Senior Constable Stepnell, Auchettl’s defence lawyer, barrister Neill Hutton, questioned why there was no recording taken when Auchettl was allegedly said to have admitted to the crime.

Detective Senior Constable Stepnell said there was no recording equipment on hand at the time when police took Auchettl to show them where the weapon was allegedly discarded.

“You didn’t in any way record any of your visits out of the station,” Mr Hutton said.

“You’re not seriously suggesting that in this day and age, 2012, the equipment was not available.”

Forensic officer Tara Seddon said a piece of clothing and blood found at the scene could not be definitely traced to any of the parties involved.

Auchettl was bailed to appear in the County Court on March 6 next year.

He also had his bail conditions altered to allow him to enter the Ballarat CBD on work purposes, but otherwise not to be within 200 metres of the city between 10pm and 6am.

Tablet - Narrow
Tablet - Wide