Former acting general manager of Wingecarribee Shire Council Barry Paull, 59, has pleaded not guilty to an assault charge.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Paull, 59, appeared at Moss Vale Local Court on June 22 and 23 after he was charged with common assault in relation to an alleged incident on March 9, 2021, at a licensed venue in Moss Vale.
Magistrate Melissa Humphreys heard from several witnesses, and saw video evidence from police bodycams and CCTV, as well as video and audio from media interviews following the alleged incident.
Madeleine Achenza testified that she had been working for the Southern Highlands Express for about a month and went to the Moss Vale Hotel in a professional capacity regarding the suspension of the council, following a tip from her editor that councillors were there.
Achenza told the court that at the time of the alleged incident, she had approached a group of councillors and council staff in a room in the Moss Vale Hotel and asked for a photo.
"I spoke to the group and said 'that looks like a well-earned beer, can I get a photo of you guys saying cheers?'
"They said 'no' and then I said 'is this on the council tab?'
"I decided to take a photo anyway because it was a public place.
"As I backed out I grabbed my camera and brought it up to take a photo. I took about three and as I took them Barry Paull was standing on my right.
"He grabbed around my arm, between my elbow and shoulder, squeezed and then with his body forced me backwards.
"He remained holding for five seconds total until Peter Smyth yelled for him to let go of my arm and I was able to walk away."
Peter Smyth told the court he could see where the councillors were sitting in a private room through a serving window.
"What caught my eye was Barry Paul coming to his feet, he came aggressively with his arms out," he said.
"I said 'don't touch her she's a girl, how dare you'.
"I saw Barry Paull manhandle her and push her out with his left hand in the hallway area."
Thomas Duncan Gair also witnessed the incident. He was in the separate dining area with the accused.
Gair told the court that he had a good view of the alleged incident from where he was seated.
"In no way at all did I see Paull touch her, it would be very obvious if he did," he said.
"The body movement would not allow it."
Licensee of the Moss Vale Hotel, Thomas Porter, provided CCTV footage to police and testified he was unaware an incident had taken place until police attended the premises at 7.10 pm.
The magistrate also saw footage of Paull interviewed by police on the night of the alleged incident.
In the footage captured by Senior Constable Bradley Orr's body camera, Paull said he was "flabbergasted" by the accusation
He told Senior Constable Orr that he had "nothing to hide".
Police prosecutor Sergeant Ian Robinson and defence lawyer Tom Howard agreed after reviewing the CCTV footage that the interaction lasted for approximately two seconds between 6pm and 55 seconds and 6pm and 57 seconds.
Sergeant Robinson said the accused had his arm on Achenza's right arm but conceded that it was not for the alleged five seconds.
"It would occur between 55 and 57 seconds where he is clearly outside the door," he said.
"From the view in the hallway within the room, you can see Paull wave away Achenza with his right hand."
Defence lawyer Tom Howard said the timing was telling.
"There's simply not enough time to be a grab and hold. All you can discern is the possibility of a touch," he said.
"The combination of video footage and screenshots from Senior Constable Orr, you can see the right hand of Paull has come in contact or touched the face of the camera and is consistent with his account.
"You don't see him grabbing or holding her arm."
Magistrate Humphreys will appear via audio-visual link in Moss Vale Local Court on August 16, 2022.
Did you know the Southern Highland News is now offering breaking news alerts and a daily email newsletter? Keep up-to-date with all the local news: sign up below.
Vera Demertzis
Journalist at the Southern Highland News covering council yarns and community news. Got a tip or a story to tell? Email vera.demertzis@southernhighlandnews.com.au or call on 0427 250 908.
Journalist at the Southern Highland News covering council yarns and community news. Got a tip or a story to tell? Email vera.demertzis@southernhighlandnews.com.au or call on 0427 250 908.
