Magistrate Tony Murray invites prosecution to gather more evidence to lay a harsher charge

MAGISTRATE Tony Murray stunned Wagga Local Court yesterday when he invited the prosecution to gather more evidence in order to lay a harsher charge.A charge of assault occasioning actual bodily harm had been laid against Harley Shane Peter Green, 20, and a plea of guilty had been entered, however Mr Murray labelled the charge "unbelievable".The charge stems from an alleged assault on a Kapooka recruit on the night of Wednesday, March 24, together with a 17-year-old boy, which left the victim unconscious with bleeding on the brain.CCTV footage was shown to the court, which the prosecutor said showed the true nature of the attack better than the police facts could describe.A man, police allege to be Green, can be seen chasing the victim and tackling him to the ground, which knocks the soldier out, before being punched and kicked by the two men.A medical report tendered to the court suggested the victim may have suffered a fractured skull and Mr Murray was adamant such an injury warranted a harsher penalty.Defence solicitor Chris Murnane strongly opposed the adjournment, arguing Mr Murray did not have the power to give the prosecution such an advantage after his client had already pleaded guilty.Mr Murnane argued his client had been in custody since March and the adjournment was unjust.As a result Mr Murray set a bail hearing for next Wednesday, December 1 and despite Mr Murnane's protest, the case was adjourned to January 17, next year.