Ben Brotherton found guilty

A former Narromine man has been found guilty of common assault at the Local Court.

Ben Brotherton, 34, appeared in the Narromine Local Court on Thursday on charges of common assault and stalk intimidation.

The charges relate to an incident in the town on November 4 last year.  

Magistrate Claire Girotto heard evidence from two witnesses and Brotherton, and police statements, in relation to the incident.

She found Brotherton guilty of assault but cleared him of the stalk and intimidate charge.

Brotherton’s lawyer maintained when his client went to punch the victim, he hit the door or wall instead of the victim’s face. 

The lawyer said the reason for the assault was Brotherton was owed the sum of $500 cash by the victim. 

Magistrate Girotto was doubtful of this reason. 

“You lent money to someone who you’d known for just over a year and a bit and who is a known drug user out of the goodness of your heart,” she said. 

“You expect me to believe that?

“It’s much more likely it was a drug deal and the money was a drug debt.

“But I’m not here to judge on that I’m here to judge you on the assault and I find you guilty.”

However, Magistrate Girotto cleared Brotherton of the intimidation and stalk charges.

"I have doubt about the intimidation,” she said.

The prosecution called two witnesses, Alec Mallison and George Dixon to the stand. 

Mr Mallison was at the victim’s house when Brotherton punched him. 

“Ben walked around the corner a bit fumed up.

“Ben took a swing and missed him,” he said.

“I know he didn’t hit [the victim].”

Mr Mallison was called by Police prosecutor Sergeant Dayne Gumley.

“I’m suggesting what you’re saying is not correct.

“You’re giving different versions,” Sergeant Gumley said. 

Sergeant Gumley accused Mr Mallison of concocting a story with Brotherton before giving his statement days after the event.

Despite not seeing the punch land on the victim’s face, the second witness Mr Dixon said Brotherton threw the punch before asking: “Where’s my money.” 

“I couldn’t tell you 100 per cent if I saw the punch connect.

“But [the victim] said it landed on his chin but it didn’t hurt," Mr Dixon told the court. 

Brotherton will be sentenced on December 8 at Dubbo Local Court.