A KPMG affiliate director accused of “headbutting” a builder who was renovating his $2.3m property has had the cost towards him dismissed.
Daniel Dunkley, 45, confronted Downing Centre Local Court on Friday charged with frequent assault over the incident on Wednesday, August 24, 2022.
The alleged sufferer, Alexander Houlton, was overseeing the renovations of Mr Dunkley’s three-storey property in Sydney’s interior east when the KPMG director allegedly headbutted the builder, inflicting the again of his head to hit a automobile window.
According to police experiences, Mr Dunkley allegedly tried to enter the development web site unlawfully on Moore Park Rd in Paddington earlier than 9am.
An altercation allegedly ensued and Mr Houlton was concussed and later hospitalised with a head harm.
However, Justice of the Peace Robert Williams mentioned the case introduced towards Mr Dunkley couldn’t be confirmed past affordable doubt due to unreliable proof from Mr Houltonand the first witness.
The court docket was advised there have been appreciable “issues of credibility and inconsistencies” in Mr Houlton’s model of occasions throughout police experiences and court docket appearances.
“The complainant was evasive when asked questions in cross-examination and at times confrontational,” Mr Williams mentioned.
“On some occasions he could not answer simple questions put to him.
“He told the police (Mr Dunkley) turned up unannounced but accepted he did make an arrangement on Monday for him to turn up on Wednesday.
“He then accepted (Mr Dunkley) did not turn up unannounced.”
Mr Williams mentioned the dismissal largely got here all the way down to doubts about whether or not the alleged
“headbutt” had occurred.
“A photo which was taken of the complainant does show a mark on the lower forehead or upper mark of his nose,” Mr Williams mentioned.
“Mr Houlton told police on video (the assault) happened on the passenger side of the truck but then changed it to the driver’s door … and was wearing a peak cap on top of his forehead when talking to police
“The court cannot find beyond reasonable doubt (the mark) relates to a headbutt action or impression.”
The court docket was additionally advised the first witness, a fellow builder who allegedly noticed the assault, supplied proof that “clearly lacks reliability”.
“For example, he states he clearly saw the common assault by the defendant by way of headbutt, but in cross-examination and also after viewing the video it is clear he could not have seen the incident from his position,” Mr Williams mentioned.
“It was noted from the video a truck was parked in the driveway obscuring the view, but he said there was no truck … (he) is an unreliable witness.”
Mr Williams raised additional questions concerning the allegation that Mr Dunkley threatened to “ruin” Mr Houlton with the assistance of Mr Dunkley’s spouse, a senior govt at Macquarie Group.
In delivering his resolution, Mr Williams famous Mr Dunkley was “no trouble” throughout cross-examination and supplied clear and concise proof.
“The court has great difficulty in finding that there was a headbutt on that day … and cannot be satisfied beyond reasonable doubt for the reasons just stated,” Mr Williams mentioned.
“On this basis the proceedings are dismissed.”
The court docket was beforehand advised Mr Dunkley was granted strict conditional bail and police took out an interim apprehended violence order stopping him from approaching, contacting, visiting, assaulting, threatening, stalking, harassing and intimidating Mr Houlton.
Following the dismissal, Mr Williams additionally waived the AVO.
Originally revealed as KPMG exec Daniel Dunkley cleared of headbutting builder
Source: www.dailytelegraph.com.au
