THE man who bashed 81-year-old John Scott at the side of the road two years ago is pleading self-defence.
Mr Scott, now 83, was knocked unconscious and suffered three fractures to his left jaw and severe cuts and bruising to his face and neck when he was attacked at the scene of a minor car accident between him and the accused.
He was rushed to hospital, suffered considerable pain and was unable to eat solids for weeks. He has since sold his car.
In the Bendigo County Court yesterday, his attacker, Neville John Cleland, now 37, pleaded not guilty to one count of intentionally causing serious injury and one count of recklessly causing serious injury.
He said he punched the elderly man three times in the face because he feared for his own safety. He was 35 years old at the time.
On Monday, July 28, 2008, about 3.30pm, Mr Scott was driving along Eaglehawk Road towards the Mar-
ong Road intersection.
The court heard that as Mr Scott was preparing to stop at a red light, Cleland’s vehicle swerved in front of him and a minor collision occurred.
Giving evidence via video link, Mr Scott told the court that he was unable to stop in time and as a result the front of his vehicle collided with the front of Cleland’s car.
Both men then got out of their cars and Cleland began shouting abuse at the elderly man, “screaming and cursing about my ancestors,’’ Mr Scott said.
Mr Scott told the court that he made the “very bad mistake’’ of taking his eyes off Cleland for just a second to pick up the broken glass from his headlights, which had been shattered in the crash, and put it at the side of the road out of the way of other motorists.
As he was picking up the glass he was hit from behind by Cleland, who allegedly knocked him unconscious with the first blow.
Mr Scott can’t remember anything after the first punch, but prosecutor Peter Jones told the court that witnesses would give evidence saying they saw Cleland continue to punch Mr Scott while he lay limp on the ground.
Barrister Richard Lawson said his client was simply acting in self-defence.
He told the court that Cleland had acted as any good motorist would and got out of his vehicle to take pictures and exchange contact details with Mr Scott.
He then accused Mr Scott of omitting important details and embellishing the truth to paint Cleland in the worst possible light.
“What if I said, you were the one who was agitated, you were the one who had a filthy temper... and he was behaving in a manner proper for someone after a minor accident, looking to have names and addresses exchanged,’’ Mr Lawson said.
“You are so wrong, I’m afraid he’s given you a completely wrong picture,’’ Mr Scott said.
“I’ve never picked a fight with a man half my age. I’ve never picked a fight with someone twice my age. I’ve never picked a fight with anyone in this world.’’
Cleland, who lived in Wallington, near Geelong, was in Bendigo visiting his partner on the day of the attack. His 11-year-old daughter was in the car at the time.
Email a friend