Conviction upheld in appeal
AN IPSWICH man who was convicted at trial of a terrifying road-rage attack has had his appeal refused.
Brett Anthony Mackay, 50, was convicted, after a two-day jury trial, of stabbing a woman's car window with a butcher's knife in an aggressive road-rage attack.
Mackay, who had two kids in his car, sped around Ailsa Gillespie's car on the Toongarra Road-Old Toowoomba Road roundabout on October 6, 2008, and slammed on the brakes to stop in front of her.
He then banged on the window, stabbed at it with a 10-11 inch knife and tried to insert it into the trim of the window while yelling at Mrs Gillespie to open it.
Mrs Gillespie wept when she gave evidence in Ipswich District Court last year, and said: “He was very angry. I was very scared and very frightened.”
He pleaded not guilty in Ipswich District Court to going armed in public to cause fear and wilful damage of a motor vehicle but was found guilty.
Mackay represented himself in the appeal against his conviction in the Supreme Court but was unsuccessful.
In his 38-page handwritten outline, Mackay argued the victim changed her story, the scratches on the window looked like someone had tried to use a coat hanger to break into the car and “false statements by police”.
“Common sense: No one would stab a window with a chef's knife or a butcher's knife for fear of breaking window or having their hand slide down blade and cut it,” Mackay wrote.
Justice Margaret McMurdo wrote in her judgement that Mackay's handwritten notes were “rambling notations apparently made whilst perusing the transcript of the evidence at trial” and it was difficult to determine his grounds of appeal.
Mackay thought his defence barrister did a bad job at his trial, but Justice McMurdo said: “I am confident this dissatisfaction with his barrister developed with hindsight after he was convicted.”