Dramatic video and audio CCTV footage of a fight between an off-duty police officer and a Newnham man was shown to a Supreme Court jury in Launceston today.
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Crown prosecutor Lisa Pennington took the unusual path of showing the footage from a neighbouring house of the confrontation in the middle of Tompson's Lane in her opening address.
Todd Barry Apted, 52, of Newnham has pleaded not guilty to a count of assaulting Juma Obeid, 27, on Sunday, August 9, 2020.
The Crown alleges Mr Apted punched and kicked Mr Obeid to the head face and body and held his legs while he was lying on the ground.
Mr Apted also pleaded not guilty to a count of perverting justice at Launceston on September 1, 2020, by falsely telling police that he was threatened by a male and that he was forced to defend himself.
Ms Pennington told the jury that the existence of audio from the CCTV had undone Mr Apted's account of what happened. She said he was not aware of the audio recordings until half way through an interview by police.
The audio revealed swearing exchanged between the two parties with Mr Apted apparently saying "you f--ing piece of shit you want to have a crack at my boy."
Mr Obeid appears to walk backwards before a fight breaks out.
Defence counsel Grant Tucker said the key issue in the trial was whether Mr Apted was acting in defence of himself or another.
He said that another issue would be who was the aggressor.
"We say Mr Obeid was the aggressor," Mr Tucker said.
The jury heard that the confrontation between Mr Apted and Mr Obeid followed shortly after a confrontation between Mr Obeid and Mr Apted's son.
"Mr Obeid hit Mr Apted's son's car and was walking along Tompsons Lane pinging rocks at his car," he said.
He said that the audio had not picked up the start of the confrontation.
Mr Obeid gave evidence that he was intoxicated when he was walking with a girlfriend in Newnham.
He said he was walking across the road when Mr Apted's son's black Subaru stopped.
He said he knocked on the drivers side window.
He denied a suggestion from Mr Tucker that he punched the window.
Further up Tompsons Lane Mr Apted and his son pulled up in their cars and the confrontation with Mr Obeid ensued.
The audio reveals Mr Apted telling Mr Obeid towards the end of the confrontation that he was a police officer before yelling "Got it " four times in succession.
The trial before Justice Tobert Pearce continues.
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
