A MAN linked to the Finks outlaw motorcycle club will stand trial for an alleged hammer attack that left the victim with a broken leg, a court has heard.
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On the day of the incident Graham Hudgson, 34, allegedly threatened the victim's then-partner saying, "you've got to pay up, you have to meet your obligations".
Ballarat Magistrates Court heard from two Department of Human Services (DHS) workers who witnessed a scuffle at Marigold Street, Wendouree, on June 25 - hours before the alleged hammer attack.
DHS worker Nicole McCarty told the court Hudgson got out of his car after spotting the victim, Mark Osborne, his partner and two males.
Ms McCarty said Hudgson was aggressive towards the woman, saying "you've got to pay up, you have to meet your obligations", before a scuffle emerged between Hudgson and the group.
A triple-zero call made by Ms McCarty was played in court, in which the witness said the men were "kicking and beating the (expletive) out of one another".
The court heard how Osborne appeared frightened during the scuffle, "it was almost as if he was frozen", Ms McCarty said.
Later that day, the court heard how, after being summoned to Hudgson's property at Wendouree, Osborne was repeatedly struck with a hammer in an alleged attack.
The court heard co-accused Sean Kennedy was allegedly ordered to hold Osborne down so Hudgson could "break his back and make him a cripple".
Kennedy has previously confessed he committed the offence alone and pleaded guilty at an earlier hearing, however the court heard there were doubts whether a plea hearing at a County Court sitting in Ballarat will commence.
Hudgson on Wednesday pleaded not guilty to eight charges following the conclusion of the two-day committal hearing, including; intentionally causing serious injury in circumstances of gross violence, recklessly causing serious injury in circumstances of gross violence, intentionally and recklessly cause serious injury, assault with weapon, two counts of unlawful assault and possess anything unauthorised in a police jail. Magistrate Cynthia Toose said there was sufficient evidence for a jury to convict Hudgson of the alleged attack.
Hudgson was granted trial bail and will reappear for a directions hearing at a County Court sitting in Ballarat on February 5.
A MAN linked to the Finks outlaw motorcycle club repeatedly hit a man with a hammer, claiming he was “going to break his back and make him a cripple”, a court was told on Tuesday.
The alleged attack left the victim with a broken leg.
Graham Hudgson, 34, allegedly held his arm over the victim’s throat mid-assault saying “I’m an animal, I’m a member of the Finks Australia-wide”, before allegedly ordering the victim to get half a gram of methamphetamine and $100 to him by the end of the day.
Hudgson, charged with intentionally causing serious injury in circumstances of gross violence, appeared at the Ballarat Magistrates Court for a two-day committal hearing over the alleged incident at Wendouree in June.
The court was told co-accused Sean Kennedy was ordered to forcibly bend Mark Osborne down during the alleged attack so Hudgson could strike his back.
The court was told how Hudgson allegedly threatened to have Osborne’s then-partner "raped and bashed" earlier in the day before the incident on June 25.
Cross-examining Osborne, barrister James Westmore, for Hudgson, said the victim provided a number of conflicting statements to police and medical staff following the incident.
The court was told Osborne’s first statement to police suggested he was attacked by four to five unknown assailants, who punched, kicked and hit him with an iron bar outside his home.
However, Mr Osborne told the court that statement was made under duress as Kennedy was by his side at hospital.
A subsequent statement to police said Osborne was attacked by Hudgson with a rubber-handled hammer with the help of Kennedy, who was being told by the alleged assailant to pin Osborne down.
The court was told the incident may have stemmed from a failed attempt by Osborne and his associates to steal a security camera kit from a local Dick Smith store on June 25, which was allegedly ordered by Hudgson.
A second witness, who appeared via a remote witness room, told the court he exaggerated evidence of the alleged attack in his statement to police because “the man (Hudgson) scares me and I don’t want to see him again”.
The hearing before magistrate Cynthia Toose continues.