Two men have been found not guilty of assaulting a former police officer in regional Western Australia.
Jack Seelander, 19, and Justin Troy Ernest Little, 22, were accused of attacking former police sergeant Adrian Barker during a confrontation in Geraldton in March 2024.
It was established during a trial in Geraldton Magistrates Court that an axe or hammer was at one point used against Mr Barker.
The pair were found not guilty of assault causing bodily harm on Friday after a three-day trial in July.
The court previously heard Mr Barker was returning to his home in Wandina about 3am on March 17, 2024, when he passed a group of eight boys and men.
Under cross-examination by defence lawyer Lauren Roycroft, Mr Barker said he thought the group would “be trouble”.
People later tried to break into Mr Barker’s property and he confronted the group, which included Mr Little and Mr Seelander.
After a short interaction, Mr Barker hit Mr Little and knocked him to the ground.
The court heard the group initially ran away, before members attacked Mr Barker, with an axe or hammer used at one point.
During the trial’s closing statements, police prosecutor Sergeant Thomas Potts said Mr Barker “pre-emptively” struck Mr Little as his path to flee was blocked by group members.
Defence lawyer Lauren Roycroft said there was a “a wealth of evidence that Mr Barker was the aggressor” as he initially “king hit” Mr Little.
‘Not guilty’ but former officer was attacked
Geraldton magistrate Mathew Walton on Friday found Mr Little and Mr Seelander not guilty of the assault.
The court heard of an altercation between Mr Barker and a group of boys and men. (ABC Midwest and Wheatbelt: Chris Lewis)
He said the reasonings were too extensive to detail in court, and they would be passed in writing to the relevant parties later in the day.
Mr Walton said although the pair were found not guilty, Mr Barker endured an “unjustified and brutal attack”, including multiple blows to the head from an axe or hammer.
“[Mr Barker] suffered significant and obvious injuries,” he said.
During closing statements in July, the defence said Mr Barker had instigated the violence, and in the following months gave inconsistent accounts to police and under cross-examination.
In handing down his verdict, Mr Walton reaffirmed Mr Barker’s credibility.
“There is nothing in the evidence to question the integrity of the complainant, Mr Barker,” Mr Walton said.