
A man intends to contest charges he seriously assaulted an elderly victim who had stopped over at a Terang caravan park to undergo cancer treatment.
Jimmy Fernandez, 39, appeared in Warrnambool Magistrates Court on Monday for a special mention hearing.
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The court heard he was charged with serious assault offences following an incident at a Terang caravan park in January 2020 but that there was a legal question that needed to be answered in relation to whether it was a serious injury sustained or just an injury.
A prosecutor told the court that the elderly male victim suffered injuries that were "substantial and protracted", including a number of broken bones and an eye injury.
She said a further optometrist report would need to be obtained.
Mr Fernandez was arrested following the alleged assault earlier this year and he served 193 days in custody before being released on bail in August.
Magistrate Franz Holzer said that if the more serious charges were proven, the accused man would be looking at "a lot more" time in jail.
The matter was adjourned until March 31 next year for a committal hearing.
During Mr Fernandez's bail application, the court heard that the 67-year-old South Australian victim was travelling around Australia with his wife, stopping over at Terang in January 2020 for an extended period due to commitments playing bowls at Timboon, coronavirus restrictions and for medical intervention after being diagnosed with stage four lymphoma.
Police alleged the victim was struck from behind by Mr Fernandez during a noise dispute on January 29 about 10.30pm.
The victim fell to the ground and was allegedly kicked repeatedly to the left side of the body.
He allegedly suffered a fractured jaw and eye socket, broken ribs and lacerations to his spleen and liver.
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