The defence for Neville Cleland, who punched an 81-year-old man after a minor car accident two years ago, says there are flaws in the prosecution’s case.
Cleland, who was 35 at the time of the attack, said he acted in self-defence after the older man struck him first.
He has pleaded not guilty to one count of intentionally causing serious injury and one count of recklessly causing serious injury.
During the second day of his trial in the Bendigo County Court, the jury heard evidence from several people who were at the scene just moments after the attack or who allegedly witnessed Cleland punch the elderly man, John Scott, now 83.
A friend of Mr Scott’s from the Bendigo Racing Pigeon Club, Harold Hartley, told the court he saw Cleland punch Mr Scott at least two times.
Peter Dorrington also gave evidence yesterday, ssying he saw Cleland punch Mr Scott two or three times as he drove past the two cars. Mr Dorrington said that as he was driving through the intersection, he looked in his his driver’s side mirror and saw Cleland standing over the victim and punching him while he was on the ground.
However, barrister Richard Lawson put it to the court that his client was standing over the victim because he was trying to help him.
He said his client had admitted to hitting Mr Scott three times, but said Cleland was simply protecting himself after Mr Scott “elbowed and punched’’ or ‘’punched and punched’’ him.
Mr Lawson also said there were flaws in the police investigation, pointing out to the court that the dates on official witness statements were wrong and confusing.
About 3.30pm on Monday, July 28, last year, Mr Scott was driving along Eaglehawk Road towards the Marong Road intersection when Clel-
and cut in front of him, causing a minor collision.
Both men got out of their cars and Mr Scott alleges that as he was picking up broken glass on the road, he was hit by Cleland and knocked unconscious by the first blow.
Giving evidence via video link on Thursday, Mr Scott told the court that he suffered greatly as a result of the attack.
He denies striking Cleland.
The trial will continue on Monday.