A MAN who was out walking his cat and repeatedly bashed a man with a tyre leaver he believed was responsible for some burglary offences claims he did not use excessive force.
Luke James Horton, 35, pleaded not guilty on Monday in Ipswich District Court to assault occasioning bodily harm while armed.
The alleged incident occurred on October 26, 2015 at Fiesta Place Caravan Park in Gailes shortly after midnight.
Crown prosecutor Clare Kelly told the court the victim, David Gould, went to the caravan park to look for some half smoked cigarettes.
She said Mr Gould lived nearby and knew people who resided at the caravan park.
"While Mr Gould was looking for some "bumpers" in the caravan park a man jumped out from behind him," she said.
"That person was armed with a crowbar and threatened to strike him with it.
"Mr Gould, fearing for his safety, ran away and the man gave chase.
"The Crown says that man is Mr Horton."
Ms Kelly said Mr Gould ran into a carport located next to a caravan inside the park.
She said Mr Gould was trying to get someone's attention to call the police.
"The victim was behind a car and Mr Horton scales the car to get to him," she said.
"He swung the crowbar several times at Mr Gould's head, who put up his arms in an attempt to defend himself.
"Mr Gould managed to get out of the carport and started to run away before he tripped over and Mr Horton caught up with him."
Ms Kelly said Mr Horton then attacked Mr Gould several times with the crowbar as he lay on the ground.
She said the commotion woke several residents and some of them witnessed the attack.
"Mr Horton stuck Mr Gould numerous times with the crowbar to his legs, arms, knees and body," she said.
"One of the residents called police who arrived a short time later.
"Mr Horton told one of the officers that he had caught a burglar."
Ms Kelly said Mr Gould told police he had been at the park a few nights earlier where he noticed an opened window and looked inside the caravan.
She said he was charged with attempted break and enter on his own admission to police.
"This case is based on Mr Horton's perception and the way he unlawfully acted following that which the Crown says was extremely excessive."
Mr Horton, who is representing himself, told the jury he was the one who was the victim in this case.
He said he had been robbed at night by a person armed with a weapon.
"I ask that you listen to all the evidence and I will accept whatever decision you make," he said.
The trial before Judge Greg Koppenol is expected to hear from 10 witnesses and could last up to three days.
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