Alleged Foley attacker wants trial halted


The lawyer for a man accused of assaulting former South Australian treasurer Kevin Foley wants the trial stayed because a key witness has lost his memory.

Ante Tony Grgich, 30, of Rosewater, has pleaded not guilty to assaulting Mr Foley, now the police minister, outside a city nightclub in November last year.

His trial in the Adelaide Magistrates Court began on Tuesday with his defence counsel, Martin Anders, asking for an indefinite stay in proceedings.

Mr Anders said Grgich would be denied a fair trial without the evidence of witness Jacob Garvie, whose statement to police says Mr Foley was harassing a woman before his assault.

Police prosecutor Fred Wojtasik told Deputy Chief Magistrate Andrew Cannon that Mr Garvie had suffered head injuries in a car accident in May and was not able to recall events of the night.

Mr Anders said it would be a miscarriage of justice to proceed without Mr Garvie’s evidence.

“Garvie is reliable, is independent and did not know the parties,” he said.

“Garvie is not only an observer but a direct participant (and) an important eyewitness.”

Mr Anders said Mr Garvie had a verbal altercation with Mr Foley after seeing him harass a woman and, upset, he complained to two security guards outside the Marble Bar.

It was in this context that Mr Foley was punched, he told the court.

However, Mr Wojtasik said Grgich’s attack was neither reasonable, necessary or proportional.

“It was a blow without warning, there was nothing Mr Foley did that could be inferred as being a threat to the defendant.”

He said Mr Foley said he was trying to assist the girl, and argued the trial should continue.

“Garvie simply has no recollection of the events pre the accident,” he said.

Mr Wojtasik said the woman at the centre of the incident could not be found.

Mr Foley recently announced plans to step down as police minister on October 20 and quit politics, probably by the end of the year.

He denied suggestions his decision was prompted by the impending trial, although he counted the incident in November as the low point of his political career.

You can skip to the end and leave a response. Pinging is currently not allowed.

Leave a Reply

Powered by WordPress | Designed by: Premium WordPress Themes | Thanks to Themes Gallery, Bromoney and Wordpress Themes