TRUCK driver Brian Raymond Bathis was incensed at finding his wife in a truck with his best friend, a court heard yesterday.
Bathis saw his wife’s car parked next his mate’s truck at a Lavington service station about 9.30am on April 16.
Bathis began banging on the windows of the truck and he later told police his wife emerged from the truck and left.
His friend was in the sleeper section without any pants on and Bathis punched him with a closed fist to the head eight or nine times.
The victim retaliated with three punches in self defence.
He was told by Bathis: “This is my only warning. If I see you near her again, I’ll break your neck and kill you.”
Bathis, 44, of Stringbark Court, Thurgoona, pleaded guilty in Albury Local Court yesterday to charges of assault occasioning actual bodily harm and entering a vehicle without consent of the owner.
Solicitor Mark Cronin said Bathis reacted to what he saw with his wife and best mate for the past 10 years.
“It was not up to him to take the law into his own hands,” Mr Cronin said and indicated Bathis and his wife had separated.
Magistrate Tony Murray said it was a little speculative as to what was happening, but they had been found in a compromising situation.
“There was a substantial amount of provocation,” Mr Murray said.
He put Bathis on two-year bonds without convictions on both charges and imposed a 12-month apprehended violence order for the victim’s protection.
Mr Murray was told the victim suffered a graze to the back of his head, a black eye and bleeding nose.
Police were called to the truck stop after the assault and spoke to him.
Bathis arrived while officers were talking to the victim, admitted the assault and was arrested.
He was taken to the Albury police station and outlined during an interview what he saw after knocking on the windows of the victim’s truck.