APPRENTICE Army mechanic Wayne David Green was punched from behind and suffered a fracture to his left cheek while trying to recover from capsicum spray, a court heard yesterday.
Green was contaminated by secondary spray sent in the direction of others involved in a confrontation in Albury’s main street on April 7.
He covered his eyes with both hands and stepped back totally defenceless before being punched on the left side of the face.
The assailant who inflicted the punch was described by magistrate Tony Murray in Albury Local Court yesterday as “obviously a substantial coward”.
Green, 27, of Bandiana, pleaded guilty in Albury Local Court to an offence of assault after police withdrew an affray charge.
He had been at Groove Saint in Dean Street about 2.10am when one of his colleagues was punched by two other men.
They were quickly restrained by security officers, escorted from the premises and told to leave the area.
A short time later, Green and three friends left the nightclub and were captured on closed circuit footage outside the premises.
Green walked towards another man and forcefully headbutted him to the nose region.
Security staff intervened and restrained the victim from advancing towards Green.
Police officers at the scene separated the groups before using capsicum spray to deter others from aggressive behaviour.
That was when Green received the impact from secondary spray before being hit.
The assailant who hit him was grabbed by security staff, received capsicum spray to the eyes and mouth before being handcuffed.
Solicitor Rod Ambrose said the headbutt inflicted by Green did not cause any injury to the victim.
Mr Murray said there had been inappropriate behaviour by others to one of Green’s friends in the nightclub.
Mr Murray convicted him and imposed a $400 fine.