AN ACCUSED man is set to claim his arrest was unlawful, after he admitted to a taxi rank assault in the Tamworth CBD before being cornered by the police dog squad on New Year's Day.
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Ryley Douglas Mackay, 25, appeared in Tamworth Local Court in person on Monday flanked by a support person and his defence solicitor Harry Pendlebury.
Mackay pleaded guilty to two assault charges after he was accused of punching an older man at a taxi rank in the CBD in the early hours of January 1, causing him to strike his head on a wooden bench, before fleeing.
But the accused denied allegations in court that he then assaulted and resisted police as well as tried to escape custody after officers tracked him down and arrested him that morning.
Mr Pendlebury said the police facts had not been agreed on between defence and prosecution.
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Magistrate Julie Soars said she would set a date for hearing next year and asked solicitors how much time would be needed.
"I estimate it to be a day," Mr Pendlebury told the court.
Ms Soars asked what the issue was in the matter that would take so long.
"Unlawful arrest Your Honour," Mr Pendlebury replied.
He told the court witnesses would be called in the case.
Ms Soars set a hearing for the three charges in late January next year, more than a year after the alleged incidents occurred.
"If you could just try to reduce the dispute in advance if possible, to what is the relevant factual matters to do with the alleged unlawful arrest, that would be helpful," she told lawyers in the matter.
Mackay has been on bail and his conditions were changed in court to allow him to reduce the days he had to report to Tamworth police to just one per week.
The police case is that officers tracked Mackay to Bridge Street after the taxi rank attack, where he is accused of struggling with police before managing to escape and run away.
The police dog squad helped corner and arrest him a short time later, according to police.
Mackay was treated at hospital for injuries suffered when he was arrested by police dog Alpha.
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