A man allegedly involved in a joint bashing that resulted in a broken jaw in 2019 claimed he failed to appear in court for three years due to transport difficulties from COVID-19 restrictions.
Joshua Paul Theobald, 31, was charged with recklessly inflicting grievous bodily harm over the alleged assault and then was handed a charge of failing to appear when he faced the ACT Magistrates Court on Monday (15 July).
The alleged victim and his friends drove to a home in southern Canberra on 11 June 2019 and arrived to find several people on the front lawn, the original court documents claim.
As soon as they pulled into the driveway, the first alleged attacker began trying to pull him from the car and punched him in the face before dragging him out onto the ground where he was punched and kicked.
The alleged victim tried to run away but was caught and thrown on the ground. Police then allege both the first attacker and Mr Theobald began kicking him in the face.
During this assault, the alleged victim said he heard his jaw make a large cracking sound and it felt like it had come out of his skin.
The pair allegedly continued to punch, kick and hit him with a metal object over his face, back and ribs until one yelled, “Stop, he’s had enough”, and they ran away.
The alleged victim went to the Canberra Hospital and said he needed two metal plates and six screws in his jaw.
He had constant difficulty breathing, talking and eating and could only just open his mouth.
When Mr Theobald allegedly failed to appear in court in October 2021, a warrant was issued for his arrest.
He was arrested and finally faced the Magistrates Court on Monday, during which the prosecution did not oppose bail on conditions.
“Where’s your client been for the last three years?” Chief Magistrate Lorraine Walker asked his defence lawyer.
His lawyer said he had relocated to live with an uncle in NSW in 2021, and he had reported he couldn’t easily travel back to the ACT due to COVID-19 restrictions.
The magistrate said the matter had “dragged on” for “a number of years”.
Bail was granted on conditions including that Mr Theobald live in Coombs. The matter was adjourned to 12 August. No pleas were entered.
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