NSW:Marshall assault charge thrown out

AAP General News (Australia)
08-24-2011
NSW:Marshall assault charge thrown out

Eds: Reissuing to correct to Wests Tigers in first and ninth pars.



SYDNEY, Aug 24 AAP - A Sydney magistrate has thrown out an assault charge against
West Tigers NRL star Benji Marshall.

In the Downing Centre Local on Wednesday, Magistrate Carolyn Barkell dismissed the
charge, saying she could not find beyond reasonable doubt the injury sustained by Soliman
Naimey was caused by the footballer rather than a second man who had punched him.

The 26-year-old had denied punching Mr Naimey, 25, outside a McDonald's restaurant
in Sydney's CBD in the early hours of March 5.

He gave evidence saying he had pushed Mr Naimey after he racially abused him, but Mr
Naimey said he was punched after he told the footballer that Broncos player Darren Lockyer
was better than him.

The magistrate noted a number of witnesses had referred to a second man having punched
Mr Naimey, who ended up with a "fat lip".

Even if the footballer had punched him, "I must have a reasonable doubt as to whether
or not (the fat lip) was occasioned by Mr Marshall," the magistrate said.

"It gives me a good chance now to just concentrate on finishing the season," he said.

"I would like to thank my legal team, the West Tigers for their support, the NRL, my
teammates that the coach would not let come sit in court, my friends and family.

"It's been a pretty tough time and I'm really looking forward to getting on with it.

"I'm very very pleased with the outcome and let's play rugby league."

AAP mss/ra/tr/jjs/bwl

KEYWORD: MARSHALL 2ND UPDATE (REISSUING)

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