Man ‘is not aggressor’ says lawyer

A Yarloop man faced Harvey Magistrate’s Court last week charged with common assault. Andrew David Hooton allegedly assaulted a woman who is believed to be his tenant. Police prosecutor Sgt Karl Rep told Magistrate Andrew Matthews the “victim was still seeking support” and there had not been adequate time to complete an assessment. Sgt Rep said the victim phoned police the morning of the court case and said she struggled with health issues and was worried about giving evidence in court. He said the victim was sitting in court, but asked for the matter to be adjourned. Mr Hooton’s lawyer said Mr Hooton and the complainant had been in Bunbury Magistrate’s Court the previous Friday and had also tried to issue restraining orders against each other. He said Mr Hooton was the landlord of the complainant and that he had begun termination proceedings. The court was told the complainant went to Mr Hooton’s house at 10pm and was told five times that she was not welcome. She then allegedly started recording the moments that unfolded. Mr Hooton’s lawyer said he “was not the aggressor” in the situation and said the complainant “fell over”. A woman – who was believed to be the complainant – shouted “liar … he’s a f...king liar” as Mr Hooton’s lawyer spoke in court. The woman, who had her arm in a sling, limped towards police who tried to escort her out. She replied “no … f... off” before returning to her seat. She then repeatedly poked the prosecutor and a journalist with her walking stick during court while she wept. Magistrate Matthews said “clearly the complainant is distressed” and set a trial allocation date for October 12 in Harvey Magistrate’s Court.