Corey Albert Batchelor is accused of stabbing Mark Phillip Smith in the neck with a pen.
Corey Albert Batchelor is accused of stabbing Mark Phillip Smith in the neck with a pen.

‘It was a good hit’: stab victim

A FAMILY dispute culminated in a man being stabbed in the neck with a ball-point pen on a busy Townsville road, a court has heard.

Corey Albert Batchelor is accused of stabbing Mark Phillip Smith so severely that the Biro became embedded in his spinal cord.

Batchelor is on trial in Townsville District Court after pleading not guilty to grievous bodily harm.

He was in a relationship with Mr Smith's stepdaughter Corallee Dodd on April 19, 2017, when the attack is alleged to have occurred.

Crown prosecutor Monique Sheppard said Batchelor and Ms Dodd had only moved to Townsville from Cairns the day before the incident.

She said Ms Dodd had gone to the Rising Sun Hotel with her mother, Collette Smith, to drink and gamble in the early afternoon.

"The defendant was calling Mr Smith and calling Collette repeatedly asking when Corallee was going to be home," Ms Sheppard said.

"(Mr Smith) received multiple calls… these calls concerned Mark and he called triple-0.

"In one call the defendant told Mark he had smashed a window at his new unit."

Ms Sheppard said Batchelor eventually tracked Ms Dodd to the Rising Sun Hotel and confronted her in the venue's gaming room.

She said Batchelor picked up a chair and threw it at Ms Dodd before getting into a scuffle with Mrs Smith.

Mrs Smith told the jury she threw her bag at Batchelor before fighting with him on the ground until security split the pair.

She spoke to her husband on the phone who immediately made his way to the pub.

Mr Smith told the jury he pulled up outside the hotel on Bowen Rd and saw Batchelor walking towards his car.

"I pointed at him and I said 'you little prick'," Mr Smith said.

It will be alleged Batchelor then struck Mr Smith in the neck.

"It was a good hit, I knew I had been hit and there was also a sharp pain," Mr Smith said.

"Corey just came at me again, attacked me again… started throwing punches."

The court heard it was not until a passing police officer stopped and attended the scene that Mr Smith realised he had a pen lodged deep into his neck.

He was taken to hospital to have the pen removed.

Defence barrister Scott Geeves asked Mr Smith if he was actually the instigator to the fight, which he abruptly denied.

However, another witness gave evidence claiming Mr Smith had tackled Batchelor before the pen was produced.

The trial continues.