NEVILLE Cleland has, under oath, told a jury that he felt threatened by the 81-year-old man who he punched three times.
And during a recorded police interview that was conducted just two hours after the attack and was played to the court yesterday Cleland said the old man could have been at least 45-years-old.
Cleland, 37, is accused of intentionally causing serious injury to John Scott after a road-rage incident two years ago.
He has admitted punching Mr Scott, now 83, but said he did so after the older man elbowed and then punched him first.
He has pleaded not guilty by way of self-defence.
During the third day of his trial in the Bendigo County Court, Cleland said Mr Scott was agitated and called him a “bloody idiot’’ after the minor car accident on July 28, 2008.
He said Mr Scott attacked him first and that he retaliated by throwing three left punches across his body knocking Mr Scott to the ground.
Cleland told the court that after Mr Scott was on the ground he no longer felt threatened and tried to help him, but was thrown up against the side of the car by angry bystanders.
Cleland also told the court that he was worried about Mr Scott and that he never meant to hurt him.
However, prosecutor Peter Jones during cross examination put it to the court that Cleland made up the story that he was attacked by Mr Scott so he could claim self-defence.
He said Cleland realised the people at the scene were angry after they had seen him punch Mr Scott numerous times while he was on the ground.
“I put it to you that you knew you had to try and come up with something otherwise you would be in big trouble when the police showed up,’’ Mr Jones said.
“You invented this story of this 81-year-old man attacking you.’’
Mr Jones also accused Cleland of lying to the police about Mr Scott’s age.
Cleland denied both the allegations and said that he was not angry or agitated in any way after the accident.
The cross examination will continue this morning.