Man accused of biting cop’s ear set to go to trial
GRAPHIC WARNING: A SOUTH Lismore man accused of biting a police officer on the ear causing significant injury will no longer have a curfew attached to his bail conditions.
James Millington, 40, allegedly bit an off-duty police officer's ear during an incident at the Richmond Hotel on Keen St, Lismore in December.
Police will allege the off-duty officer became involved in the altercation when the accused allegedly assaulted a 71-year-old security guard and several other off-duty police officers while he was heavily intoxicated.
Mr Millington allegedly assaulted the security guard by punching him in the mouth when asked to leave the dancefloor of the establishment.
Police allege CCTV footage shows Mr Millington then grabbing the off-duty senior constable in a headlock before biting him on the top of the ear.
Mr Millington was charged with causing grievous bodily harm with intent, assault occasioning actual bodily harm, affray, intimidating police, resisting police, assaulting police and destroying or damaging property.
He is also facing several other separate charges, including affray and common assault charges which led to previous bail conditions being revoked.
Mr Millington's barrister, Megan Cusack, appeared before Lismore Local Court on Wednesday to clarify her client's bail conditions.
There was confusion over whether a curfew, which had previously been a requirement as part of Mr Millington's bail, was still applicable.
Other aspects of his bail conditions instruct Mr Millington must live with his cousin on the Gold Coast, report daily to the Southport Police Station, not drink alcohol or take drugs unless medically subscribed and he's also not allowed to enter any licensed premises or the town of Lismore.
But the Director of Public Prosecutions prosecutor said Mr Millington should still be made to follow the curfew.
"It's a serious offence … it occurred at 11.30 at night in a license premises, a curfew would be a sensible condition if we wanted to prevent somebody committing an offence under the influence of alcohol," she said.
Magistrate Jeff Linden said the bail condition stating Mr Millington mustn't consume alcohol would act as a preventive for further offending.
He approved the removal of the curfew after a paperwork error was amended.
Magistrate Linden referred the case to the Lismore District Court, where Mr Millington will be committed for trial and be arraigned on July 13.