AN appeal against the leniency of a penalty imposed on Carlton footballer Heath Scotland for assault has been adjourned until next week.
The case was mentioned in the District Court at Albury yesterday morning after Scotland avoided a conviction last year.
He pleaded guilty to a charge of assault occasioning actual bodily harm after an unprovoked king-hit on another man at a Mulwala club.
The penalty has been appealed by the Director of Public Prosecutions office at Wagga.
Albury solicitor James Sloan yesterday mentioned the case on behalf of Scotland’s previous legal representatives, Balmer and Associates from Melbourne.
Mr Sloan requested the case be adjourned until the next sittings in April.
He said it could be the case that Scotland’s representatives cease to act in the matter.
Scotland had previously received a diversion in the Victorian court system over another matter.
Mr Sloan said that did not come to light when Scotland was sentenced by magistrate Tony Murray in Albury.
The question arises whether his representatives knew about that previous case.
Director of Public Prosecutions representative Graham Lamond said he was seeking to introduce fresh evidence in the matter.
Mr Lamond said the case did not proceed in the previous District Court sittings last November.
“It has been around for some time,” Mr Lamond said.
He said if Scotland has to find alternative counsel, it may have to be adjourned to the next sittings.
Judge Paul Lakatos said the case would be adjourned until next week so the situation can be clarified.