A man is on trial for three counts of assault occasioning bodily harm.
A man is on trial for three counts of assault occasioning bodily harm. file

Truckie allegedly bashed with door of own vehicle

A TRUCKIE who was allegedly bashed with the door of his own vehicle has described the incident in the Maroochydore District Court.

A $12,000 property dispute was the start of James Edward Kyle's problems with Mark Andrew Battistella.

In front of judge John Robertson, Mr Kyle told the court of the night of September 9, 2016, where he was allegedly "clobbered" by the fellow truckie.

Battistella is on trial for three counts of assault occasioning bodily harm and one count of common assault. He has pleaded not guilty.

The court heard how Mr Kyle stopped his truck at a weighbridge on route from Mackay to Brisbane. Another truck pulled up beside him.

With minimal lighting at 1.30am that morning, Mr Kyle said he did not see the attack coming or know who it was.

He assumed he was in the way of the other vehicle and told him he would move.

"I opened my door to tell him I'd straighten up, and that is when he clobbered me. Just punched me in the eyes somewhere," Mr Kyle said, pointing out his injuries on a police photo.

Mr Kyle's recollection was vague but told the court his head was in between the door when it was closed.

He somehow found himself out of the vehicle and remembered attempting to defend himself.

"He was belting me on the ground, and tried to rip my eyes out, gouging them," he told the court with a grimace.

"He kept yelling at me about money that I owed him.

"I rolled underneath the vehicle and managed to get inside and locked it. Then he left saying I could give him my truck as repayment."

Later that morning Mr Kyle went to a Brisbane police station to make statements before going to Brisbane's Princess Alexandra Hospital.

Defence barrister Andrew West questioned Mr Kyle's accuracy and about the alleged debt owed.

Mr Kyle said he'd exchanged a lump of cash and a bus for a shed. The accused claimed the debt was considerably larger, which Mr Kyle denied.

The jury retired into deliberation.



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