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Didsbury man found not guilty of assault

Tuesday, Apr 17, 2012 02:35 pm | Dan Singleton

A Didsbury man charged after another man told police he had been struck in the head with a candle holder in early 2009 has been found not guilty.

The accused faced one charge of assault. His three-hour trial before Judge Peter Barley was held in Didsbury provincial court on Wednesday.

Testifying for the Crown, the complainant, Murray Bayley, said he and the accused got into an argument in the Didsbury residence they shared in February 2009.

The argument then became a physical confrontation, with both parties throwing plates at each other.

When he attempted to leave the house, Bayley said the accused threw the candle holder at him, striking him in the head and causing a bloody wound.

“There was blood everywhere,” said Bayley. “It was gushing.”

Bayley required six stitches to close the wound.

Testifying in his own defence, the accused said he threw a plate at Bayley in self-defence after Bayley threw a China teacup at him.

“I was protecting myself,” he said.

The accused denied throwing the candle holder and said Bayley may have injured his head when he (Bayley) broke glass on a China hutch in the residence.

“I find that he (accused) was entitled to throw something back to get him to stop,” Judge Barley said in passing sentence.

The judge found Darrell Michael Ternes not guilty of the charge.

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