Self defence claim for kicker
IT WAS all about leg moves in a Kyogle home, with Gregory Hotko claiming in the Lismore Local Court he had only kicked former girlfriend Joanne Monteith in self-defence after she first kicked him off a chair.
Police went to their home at 1.25am on January 28 after receiving a triple-0 call, with Ms Monteith claiming she had been kicked four times and alleging Hotko was 'threatening to kick my head off'.
Hotko, 51, pleaded not guilty to assaulting her.
In a three-hour hearing, police evidence was given that when officers arrived they saw Hotko smash a light then tell Ms Monteith 'that's how I'll smash your head in'.
Hotko claimed Ms Monteith arrived home late and turned on all the lights, waking him up.
He agreed they had a verbal dispute and as he sat on a dining table chair drinking a stubbie 'next thing she kicked me straight in the chest. It came out of the blue'.
“I jumped up real quick. I tried to kick her in the leg to get her away. The kick landed on her knee and that was the end of it,” he said.
Hotko insisted his kick was only in self-defence 'to get her away so I didn't get kicked again'.
Ms Monteith denied she was drunk that night or came home and woke her former boyfriend by turning on all the lights, before kicking him while he sat. “There is no way I could kick him off a chair,” she said. “I never kicked him.”
Magistrate Michael Dakin said there was an hour lapse in evidence that was unexplained and because he could not discount Mr Hotko's argument of self-defence he would dismiss the charge against him.