Tradie spanner strike ‘part of consensual fight’

A TRADIE has been ordered to stand trial in a case alleging he struck a former mate with a spanner.

Matthew Peter Manson, 37, a concreter from North Booval, will defend the charge after his lawyer Yassar Khan claimed there was no case to answer in the assault charge because there had been a consensual fight between two men.

Manson is charged with assault causing bodily harm when armed with an offensive instrument to Toby Daniel Williams at Rosewood on December 13, 2019.

Manson is also charged with three counts of breaching bail conditions.

The Crown prosecutor tended five photos including one of the spanner police allege was used in the incident and caused an arm injury to Mr Williams.

The court previously heard Mr Williams' wound required stitches.

Among evidence tended before Magistrate Donna MacCallum was police body-worn camera footage taken from December 15 last year, documents outlining phone calls allegedly made between Manson and Mr Williams, and a medical report about injuries to Mr Williams.

Mr Williams, 41, from East Ipswich, took the witness stand and was subject to cross-examination from Mr Khan.

Mr Williams agreed that he drove with his partner to a house in Rosewood on December 13 when Manson, who was in another vehicle with a female, pulled into the driveway behind him.

Mr Williams agreed that he got out of the car first and there had been a heated exchange with a female from Manson's car.

He agreed with Mr Khan that this woman began retreating as he walked towards her.

"My client (Manson) got out of the vehicle and he said to you 'back down'," Mr Khan suggested to Mr Williams.

"I accept that." Mr Williams said.

"You were speaking and he located a spanner when you moved toward her and my client," Mr Khan said.

"Yes," Mr Williams said.

"My client warned you there would be a fight if it continues. He had a spanner in his hand at the time," Mr Khan said.

"Yes," Mr Williams said.

"You said words to the effect that you were ready to fight," Mr Khan said.

"I knew what was going to happen. Yep," Mr Williams said.

"He took a swing at you. Connected with your forearm and he stepped away," Mr Khan said.

"I knew there was definitely going to be a fight," Mr Williams said.

"Knowing well that a spanner was going to be used," Mr Khan said.

"Yes," Mr Williams said.

"The evidence of Mr Williams is he consented to a fight knowing full well the level of force, violence used," Mr Khan said.

"The level of violence was limited to one strike with the spanner. No jury could find guilt on the basis of consent."

Ms MacCallum said she was of the view that it was a matter for a jury to decide and that there was sufficient evidence to proceed to a trial.

She committed Manson to stand trial in the Ipswich District Court at a date to be finalised. His bail was extended.

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