Defendant in assault matter appears to be the victim!
Victor Baez, a Spanish speaking man who was unrepresented in his first appearance, was charged with common assault stemming from an incident that allegedly took place on December 1, 2012 at a Long Bush night club.
According to the allegations read by Senior Crown Counsel Sarah Benjamin, the Virtual Complainant (VC) went to Sandra’s Nite Club on the said date at around 10:40 P.M. in Long Bush accompanied by three ladies.
One of the ladies in the VC’s company turned out to be the defendant’s ex-girlfriend. The defendant at some point approached his ex and was allegedly interrupted by the VC.
It was at this point that the defendant reportedly threw his drink on the VC and pushed him away. They allegedly began to fight and other persons in the club parted them.
The allegations continued, at about 1A.M., the defendant was downstairs and was struck over the head with a glass bottle and he realised it was the VC who had struck him. The VC allegedly began to hit the defendant which resulted in him being hospitalised.
The prosecutor stopped reading the allegations after this point and explained to the Magistrate, after questions were asked, that she initially believed the matter to be a cross-complaint between the VC and defendant.
She then requested an adjournment date to consult with the Director of Public Prosecutions (DPP) about the way forward since she was unable to confirm that the matter was indeed a cross-complaint.
The defendant, who is on a work permit and has resided in the Territory for seven years, appeared equally bewildered and explained that he was issued a summons to appear in court after he had been hospitalised following the incident.
A request was then made for the issues to be sorted and the matter was adjourned to May 3, 2013 for report.
The defendant was then released without being offered bail by the court.
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