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Assault trial to proceed

4/07/2008 11:35:00 PM
A MAN who allegedly assaulted his ex-partner's boyfriend's father has been committed to stand trial in the County Court in Ballarat.

Paul Lohmann, 38, of Ballarat, will face charges of aggravated burglary, intentionally causing injury and recklessly causing injury.

Co-defendant Heath Bond, 39, of Maryborough will face the same charges.

A committal hearing in Ballarat Magistrates Court yesterday heard from witness Trevor McRae, who said Lohmann allegedly ``rugby tackled'' him in the front hallway of a house in Majorca Rd,

Maryborough.

The incident occurred on December 22 last year, and allegedly followed an earlier scuffle outside the Albion Hotel.

Mr McRae told the court the incident was part of a ``continuing saga'' between his son Tim, Lohmann and Tim's girlfriend, Brooke Murray, who is Lohmann's ex-partner.

In giving evidence, Tim McRae said Bond, who entered the house after Lohmann, held him back from the scuffle but did not throw any punches himself.

Ms Murray gave evidence Lohmann entered the locked front door of her house by smashing a glass panel and reaching through to unlock the door.

However, witness Adam Humphrey said the glass panel was broken at the end of the incident when Lohmann smashed his fist through it on his way back out the door.

Bond's counsel Wendy Duncan said the Crown case was contradictory and at no time did her client ``try and throw a punch at anybody''.

Mr Robert Richter, QC, for Lohmann, also said the evidence was confused and contradictory.

However, Magistrate Peter Mealy, speaking about Bond, said he couldn't say what was going on in the mind of the accused.

``It's said he's trying to stop a fight escalating but there's equal weight to the argument he was trying to make sure there was an unimpeded assault on Trevor McRae''.

Speaking on Lohmann, Mr Mealy said there was ``evidence ... that once the door opened, there was an attack on Trevor McRae''.

Both Lohmann and Bond entered pleas of not guilty.

They were bailed to appear at the County Court in Ballarat on August 18 for a case conference.

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