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Man attacked over 'drug gear'

07 Feb, 2012 12:00 AM
A GLENROY man suffered a fractured eye socket and other facial injuries when he was attacked in his Glenroy home, a District Court jury was told yesterday.

Daniel Thio had asked Brendon John Lee and Brendan Shane Masterson to remove drug-manufacturing equipment they had bought to his house in 2010.

But instead of taking the equipment from Mr Thio’s Kurnell Street house, the pair assaulted him during a home invasion, the court was told.

Crown prosecutor Max Pincott outlined the case against Lee and Masterson to a jury of six men and six women.

Lee, 29, and Masterson, 24, have pleaded not guilty to charges of breaking and entering on December 13, 2010, and inflicting grievous bodily harm.

They have also pleaded not guilty to alternative charges of recklessly causing grievous bodily harm in company and two counts of being armed with intent to commit an indictable offence of assault occasioning actual bodily harm.

Mr Pincott said Mr Thio had phoned Lee and told him the drug equipment would be thrown away if it was not taken away, but Lee had warned him against such action.

Assault victim Daniel Thio outside Albury court yesterday.

Mr Thio was asleep on a couch when his front door was kicked in and he was struck in the face with wood or bat.

He recognised Lee and Masterson.

Mr Pincott said Mr Thio forced Masterson out of the house while being struck by Lee.

Masterson and Mr Thio traded blows outside and the attack finished when the attackers ran off.

They warned Mr Thio to say quiet.

The next day he identified his attackers in a statement to police.

Mr Pincott said Lee and Masterson denied being involved when interviewed.

Barrister Michael King told the jury Lee had been falsely implicated and Mr Thio had lied.

Mr King said a drug- manufacturing recipe in Mr Thio’s handwriting was found at the house, along with “a cornucopia of drug manufacturing material”.

No fingerprints belonging to Lee or Masterson were found on the drug equipment.

Barrister John Weir said the jury should consider Mr Thio’s evidence with great care.

Mr Weir said Mr Thio had a vested interest in lying.

He said that was because he was a suspect in manufacturing drugs.

The trial, in Albury, continues today.

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Assault victim Daniel Thio outside Albury court yesterday.
Assault victim Daniel Thio outside Albury court yesterday.

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