Affray man’s annul bid fails

SPRINGDALE Heights man Brian Leslie Bates yesterday failed in his bid to have a conviction annulled for an affray offence.

Bates, 20, was convicted in Albury Local Court on May 2 after failing to attend for a defended hearing.

At the time, he was on Supreme Court bail with a condition to attend rehabilitation at a remote central NSW property for Aboriginal offenders.

But Bates left several days earlier without telling the court or the Aboriginal Legal Service, which was representing him.

Magistrate Tony Murray issued a warrant and Bates was recently arrested with bail ref-used.

It is alleged Bates att-acked a Glenroy man in October near the North Albury football ground.

The man suffered a fractured cheekbone, nose and ribs and a serious injury to his eye, and was left with a distinctive shoe impression on his forehead.

Police photographed the imprint, which exp-erts determined was from the heel pattern of a Nike brand shoe.

Mr Murray heard that it was about 2.15am on January 9 when the victim heard yelling from a house near his home.

He got his dog, went to investigate and saw Bates riding a small motorcycle which he had also been riding in October.

The victim yelled out to him: “Do you remember me?”

Bates replied: “I got you before and I’ll get you again.”

He rode towards the victim, who pulled his dog away from the motorcycle’s path.

Bates continued riding into Resolution Street, where he was arrested by police.

Solicitor Rob Hussey made an application to have the conviction quashed, saying there were deficiencies with evidence relating to the identification of Bates.

Mr Hussey said the victim in a statement to police about his attack on October 25 described his assailant as “an Aboriginal guy he had never seen before”.

But Mr Murray said the comments made by the victim and Bates on January 9 were “such powerful identification”.

The application to annul the conviction was rejected and Mr Murray adjourned the sentencing of Bates until July 17 for the preparation of a pre-sentence report.

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