Client was a doorman in for a local drinking establishment. Charged with two counts of assault causing bodily harm as an altercation ensued when he attempted to preventing a barred customer from re-entering the establishment. With previous defence counsel he entered a guilty plea to one count of assault causing bodily harm, listing both complainants. In a pre-sentence report he denied causing injury to one of the complainants.
Held: As a result the guilty plea was struck and a new trial was ordered. Issue at trial was self defence in respect of the first complainant and that someone else was responsible for the injury caused to the second complainant. After the examination and cross examination of the two complainants and one of their friends, it was evident that the evidence was not credibility and appeared to be colluded. Crown invited the trial judge to dismiss all charges.