Teen in court for assault

A KYOGLE teenager charged with the kicking and punching assault of another teenager will seek evidence for his defence case from his co-accused.

The youth and his co-accused were jumping up and down on the bonnet of their crashed red Commodore when the victim, Grayson Marychurch, approached them.

The youth, 18, pleaded not guilty in the Lismore Children's Court on Friday to assault causing bodily harm to Mr Marychurch when in company; and assaulting Mr Marychurch, aged 19, at 1.20am on August 16 last year. The youth was then aged 17.

At the end of the hearing, defence lawyer Amy Barker applied to Magistrate Jeff Linden to have the matter adjourned to allow a subpoena to be issued on Matthew Smyth, 31, a former Kyogle electricity linesman who now lives in Orange, to attend court to give evidence.

Smyth was found guilty by another Lismore Local Court magistrate last week of assaulting Mr Marychurch and causing him bodily harm while in company.

Police prosecutor Sgt Peter Costin-Neilsen objected to Smyth being called at such a late stage, saying Ms Barker had been in court all day during the hearing of Smyth's case, had heard all evidence then, and should have made her subpoena application at that time instead of causing a delay in the legal proceedings.

Snr Const Matthew Dickson tended seven photos taken of Mr Marychurch detailing his injuries, and two photos of Smyth's crashed Commodore, which Smyth and the youth were seen jumping on before the alleged assault.

Mr Linden allowed the defence application to subpoena Smyth and adjourned the hearing to July 15.



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