Victim was 'stomped on'

BYRON BAY’S Great Northern Hotel manager Charles Nalder told a trial jury how he saw Nick Sharp, a man he knew, “lift his left leg and stomp down on the man’s head”.

Mr Nalder was giving evidence in the trial of three men charged over violent assaults that took place outside the hotel on the night of March 7 last year.

The three men –Nicholas Stafford Sharp, 27, of Ocean Shores, Dean William Phelps, 25, of Suffolk Park, and Lee Frederick Funnell, 26, of Brunswick Heads – are charged with inflicting grievous bodily harm with intent to Pottsville man Dallas Arnold, 32, at Byron Bay and threatening to use violence towards (hotel security guard) Campbell McFarlane and other people that would cause them to fear for their safety.

Phelps and Funnell are accused of, in company, assaulting Nathan Spratt, 31, (of Carrara, on the Gold Coast) causing him bodily harm.

Mr Nalder said the area was well lit and it had been “easy to see”. He did not see the start of a street fight but saw Sharp punching another man (Mr Arnold) who at that time was “on his hands and knees” on the footpath. He said Sharp was over the top of the man punching him to the head.

Mr Nalder said the man was trying to get back up on his feet, was groaning and in pain and as he got up was “stooped over” and Sharp, who had taken two steps back, then “attacked him again”.

He said Sharp grabbed the man (Mr Arnold) and started to drag and push him towards the gutter on the footpath. Sharp had hit the man with his fist and the man collapsed on his back.

He said Sharp was right beside the man when he “stomped on his head” with no reaction from the man.

Mr Nalder said he knew the accused, Phelps, as he previously worked in security at the hotel and that night he saw him “kneeing” another man in the chest, but did not see him do anything to Phelps.

“I told Dean (Phelps) to piss off,” Mr Nalder told the court.

The trial enters its third week today.