A group who attacked a man on a bike path in January will be back in court tomorrow after confusion over facts forced an adjournment on Friday.
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Shantell Waters, Ricky Quinlan, Matthew Carr, Grace Ward, Craig Waters and Eliah Moran were set to be sentenced involvement in the incident, which saw a mob chase and attack the victim in broad daylight.
But on Friday, Magistrate Karen Stafford adjourned the matter, ordering police and lawyers to compile a single set of facts.
“It would have been quicker to have a hearing from the start,” she said.
Only four of the group were in court on Friday with Shantell Waters and Quinlan not appearing.
The group were accused of chasing a man from a block of units and eventually attacking him near Niagara Street on the morning of January 3.
After the attack he was taken to Armidale Hospital where he was treated for wounds including lacerations and bruises.
Magistrate Stafford made the decision to adjourn the matter after evidence given by Ward contradicted a set of facts she had signed that same morning.
Ward told the court she had hit the victim with a tent pole she had found in the gutter.
“I just went ‘whack,whack’ on the shoulder,” she said.
Ward had already signed a set of facts that said she hit the victim on the shoulders and head.
Magistrate Stafford said the evidence made things difficult.
“There’s a big difference between hitting someone on the shoulder with a weapon and hitting them in the head,” she said.
Defence solicitor Patrick Kennedy admitted Ward’s evidence was contrary to the signed statement and said he wasn’t sure if it should be ignored or if the victim should be called to give evidence.
“I’m at a bit of a loss to be honest as to where to direct your honour,” he said.
The group will face court at 11.30am tomorrow.