Man asked to leave dancefloor prior to alleged assault
GRAPHIC WARNING: A SOUTH Lismore man accused of biting a police officer on the ear has had his bail revoked after he was arrested in Queensland.
James Millington, 40, allegedly bit an off-duty police officer's ear during an incident at the Richmond Hotel on Keen St, Lismore in December.
He has since pleaded not guilty to causing grievous bodily harm with intent, assault occasioning actual bodily harm and using unlawful violence to and reasonable firmness to create fear for a person's safety.
A trial date has been set for May 17, 2021 in Lismore District Court.
Police will allege the accused assaulted a 71-year-old security guard while he was heavily intoxicated at the licensed venue.
Mr Millington allegedly assaulted the security guard by punching him in the mouth when asked to leave the dancefloor of the establishment.
It is then alleged the off-duty officer and several other off-duty police officers became involved in the altercation.
During the scuffle, police also allege Mr Millington grabbed one of the off-duty senior constables, who happened to be at the venue, and bit him on the top of the ear.
However, Mr Millington's defence lawyer, Tracey Randall, said her client would be arguing self-defence at trial.
The Crown Prosecutor on Wednesday applied for a detention application following Mr Millington's arrest in Queensland on separate matters.
The court heard Mr Millington, who had been living on the Gold Coast while on bail for the assault charges, was currently on remand in Queensland.
Judge Jeffery McLennan said after reading the Crown material submitted to the court, he "would have thought the Crown case was strong" on grievous bodily harm charge.
Ms Randall said she had thought "long and hard" on what she would submit to the court for her client's release, but she determined there wasn't "really much" she could say other than the application was opposed.
Judge McLennan said he would grant the detention application and revoke Mr Millington's bail.
However, he would not issue a warrant until the Queensland matters are finalised.
"Whenever it is those matters are resolved, he will face extradition from Queensland to NSW," he said.
"He's simply an unacceptable risk of committing further offences," Judge McLennan said.
The matter will be mentioned again on November 30 in the Lismore District Court.