Shane Allen Wheldon, of Mowbray, pleaded not guilty to two counts of aggravated assault and one count of grievous bodily harm on the first day of his trial at the Launceston Supreme Court. 

It is alleged Mr Wheldon assaulted three people, including a police officer, at Invermay on April 9.

When Dixon Kenneth Gray gave evidence on Monday, he told the court he was painting the outside of Beryl Rae Dix’s house when he heard a house alarm and dogs barking. 

Shortly after the commotion, Mr Wheldon allegedly walked into Ms Dix’s backyard through a side gate. 

Mr Wheldon asked Mr Gray if a certain person lived at the address and then asked if he could jump the fence into a neighbour’s backyard. 

Mr Gray told him not to. 

When cross examining the witness, defence lawyer Kirsten Abercromby suggested her client was walking down the driveway when Mr Gray walked towards him and grabbed his shirt. 

But the witness denied that claim, telling the court it was impossible because he was holding a paint bucket in his left hand and a paint brush in his right. 

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Mr Gray said he returned to painting because he was adamant to finish what he was doing.  

But the next thing he said he remembered was feeling someone patting his overalls while he lied on the ground. As he struggled to get up he realised he was bleeding and had been assaulted, the jury heard. 

Concerned for Ms Dix’s well being, Mr Gray told the court he went inside to check on her and he found her on the floor. 

“She was on her back and drowning in her own blood … she was making gurgling sounds,” he said. 

Mr Gray said he moved Ms Dix so it was easier for her to breathe, but he was unable to call emergency services because his mobile phone was missing from his pocket. 

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Police were called by a neighbour and responding officer Constable Thomas Moir gave evidence about the alleged incident on Monday.

He and Sergeant Felicity Boyd entered the house on Mann Street with guns drawn, the court heard.

Constable Moir said they found Mr Wheldon naked and wet, sitting on the toilet with a bath mat over his legs. 

As the officer was about to handcuff the accused, the jury heard Mr Wheldon stood up quickly and punched the officer twice in the head. 

But Ms Abercromby suggested to Constable Moir he elbowed her client in the back of his neck before punches were thrown. 

The officer said that was incorrect and numerous punches were thrown by both men. 

The court heard Sergeant Boyd used capsicum spray on the accused, but he continued to punch Constable Moir. 

The accused then grabbed and forcefully pulled the holster of Constable Moir’s gun, swinging him around. 

In response, Constable Moir “punched him in the side of the head as hard as I could”. 

Ms Abercromby suggested the Constable did not see Mr Wheldon grab his gun because he was also affected by the capsicum spray, but Constable Moir said he did. 

The trial will continue on Tuesday.