Justice Gregory Geason thanked the 12 jurors and two reserve jurors for their attention over the past three days, but he told them it would not be fair to continue because of the way certain events unfolded. 

The mistrial was declared about 11.40am and Mr Wheldon was remanded to reappear on February 4. 

The reason for the mistrial cannot be reported for legal reasons. 

Mr Wheldon has pleaded not guilty to causing grievous bodily harm and two counts of aggravated assault. 

He is accused of knocking an elderly woman unconscious in her house, and assaulting a painter and police officer on April 9. 

The third day of the trial started with Mr Wheldon giving evidence about his altercation with Tasmania Police Constable Thomas Moir and his proceeding interview with police. 

Mr Wheldon said when he was in the cells under the Launceston Police Station, a police officer told him he’d get bail if he came up with a good story. The claim was rejected by police officers throughout the trial. 

The accused described pacing up and down the cell as he “made up a bloody good story” before buzzing up to detectives and telling them he was ready to be interviewed. His lawyer, Kristen Abercomby, put a number of statements and questions from the interview to Mr Wheldon. 

She asked her client what he meant when he said: “I think I might have given her one too”. 

The comment was in reference to 91-year-old Beryl Rae Dix being allegedly knocked unconscious.

Mr Wheldon told the jury he said that because “police told me to make up a story”. 

The court heard Mr Wheldon saw Mr Gray painting the outside of Ms Dix’s Invermay house when he entered the backyard.

The accused asked if he could jump the fence into a neighbour’s backyard. 

Mr Wheldon told the jury Mr Gray said no, grabbed him by the waist and spun him around towards the driveway.

As he was leaving, Mr Wheldon said he saw the painter walking toward him in the reflection of a window, so he turned around and Mr Gray was right next to him “like he was going to attack me”.

The court heard the accused used his forearm to push Mr Gray away and the two men fell. 

When Mr Wheldon’s sequence of events were put to Mr Gray by Ms Abercromby on Monday, the painter told the court it was impossible because he was holding a paint brush in one hand and a bucket of paint in the other. 

Mr Wheldon denied Mr Gray was holding the items.

During cross examination, Crown Prosecutor Peter Sheriff asked if the jeans worn by the accused on the day of the alleged crimes had paint splashes prior to him going to Invermay. 

Mr Wheldon told the court he was not sure. 

When questioned about going through Ms Dix’s house instead of straight to his car parked in the street after his altercation with Mr Gray, Mr Wheldon said he was in panic mode. 

The accused responded to two of Mr Sherriff questions with another question, prompting Justice Geason to caution him. 

“If it happens again I will stop the court. You’re put on notice,” Justice Geason said.