A drunk man walking home from a night out has told a Launceston court he was run over by a “hooning” driver after he said the other man’s car “sounded like a piece of shit”.
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The man behind the wheel was Nicholas James Bye.
But the Newnham driver claims he did not realise he had driven over someone.
Both Mr Bye and the victim, 47-year-old Campbell Barnes, appeared in the Launceston Magistrates Court on Thursday for a hearing before Magistrate Sharon Cure.
Taking the stand, Mr Barnes told the court he had been drinking at the casino on the night of the alleged incident in February 2016, when he decided to walk home to Invermay.
He ended up along Charles Street in Launceston and that’s when he said he first saw Mr Bye, who he claimed was driving in a “hoonish manner”.
Mr Bye pulled up at a set of traffic lights and Mr Barnes admitted to saying “that car sounds like a piece of shit”, but didn’t think the driver heard him.
Mr Barnes told the court the 4WD turned right at the lights and it was not until he had walked further down Charles Street and was outside Service Tasmania when the car again appeared. He said it did a “savage U-turn” and “rushed” towards him, before driving within inches of his body.
“I went to the passenger window … I said what the f are you doing? you nearly hit me,” Mr Barnes said.
It was then Mr Barnes said he moved back to the front of the car and then “next thing I know I’m on the ground and I can’t move”.
The 4WD was nowhere to be seen and Mr Barnes began calling out for help. A short time later, police arrived, followed by an ambulance and he was taken to hospital where he was treated for fractures to his left leg and a fractured and dislocated right ankle.
Mr Bye was charged with being involved in a crash and failing to stop as well as causing grievous bodily harm to another person by negligent driving.
But his defence lawyer Evan Hughes argued his client simply pulled up beside Mr Barnes before later driving off, not realising he had hit the man.
Mr Hughes suggested Mr Barnes was intoxicated, put his head inside the passenger window where the accused girlfriend was sitting and became “aggressive”.
Mr Barnes rejected his suggestion.
The court also heard from Mr Bye’s brother, Darren Bye, who said the defendant had come home on the night of the incident and called the police himself after learning he had hit someone.
The matters were adjourned until March 15.
Melissa Mobbs
A journalist with more than a decade of experience, Melissa Mobbs currently works as the Deputy Editor for The Examiner Newspaper in Launceston, and has a strong background in reporting on crime and the justice system. Send tips to Melissa.Mobbs@examiner.com.au or on Twitter via @melissamobbs.
A journalist with more than a decade of experience, Melissa Mobbs currently works as the Deputy Editor for The Examiner Newspaper in Launceston, and has a strong background in reporting on crime and the justice system. Send tips to Melissa.Mobbs@examiner.com.au or on Twitter via @melissamobbs.
