An alleged vigilante and a man he suspected of burning a child "looked like they were dancing" before being "crash-tackled" to the ground, a court has heard.
Wanniassa man Danny Klobucar faced the ACT Magistrates Court for a hearing on Friday after pleading not guilty to a choking charge, a back-up of common assault, and an allegation of possessing a drug of dependence.
The 34-year-old man has pleaded guilty to a charge of possessing stolen or otherwise unlawfully obtained property after police found him with two driver's licences belonging to other people when he was arrested on May 31.
In his opening address, prosecutor Lewis Etheredge told the court Klobucar was accused of attacking the alleged victim the day before his arrest.
Mr Etheredge alleged Klobucar had attended the Conder home of the alleged victim in response to claims that man had burnt a child's leg with a cigarette.
The prosecutor said the alleged victim had told Klobucar the suspected burn was in fact a ringworm, only to be choked to the point of unconsciousness.
Defence lawyer Jacob Robertson indicated, in his opening address, that there would be no dispute about the fact a physical altercation had occurred.
But Mr Robertson said magistrate Robert Cook would need to consider whether there had been a lawful basis for that altercation, adding that there were conflicting versions about exactly what it had involved.
He also said Mr Cook would have to decide whether Klobucar had, in a legal sense, been in possession of about 5 grams of methamphetamine that was allegedly found in the car the Wanniassa man was driving when he was arrested.
The first witness called to give evidence on Friday was Aaron Zarb, who said he was "close mates" with both Klobucar and the alleged victim.
Mr Zarb, who lived with the alleged victim, said he was eating his dinner when he saw that man and Klobucar walking past him to a part of the home he was midway through renovating.
He said he had got up to see what they were doing, and found the pair holding each other's shoulders.
"I wouldn't call it a fight because it wasn't a fight," Mr Zarb told the court.
"It was more of a scuffle. It looked like they were dancing."
Mr Zarb said he responded to the situation by "crash-tackling" the pair to the ground, where he put Klobucar in "a bear hug" to stop the altercation as the alleged victim got up and left the area.
Under cross-examination by Mr Robertson, Mr Zarb said the altercation had lasted about "three seconds" and agreed with the suggestion there was "no way" Klobucar could have got behind the alleged victim and choked him.
Mr Etheredge later played an interview police conducted with the alleged victim, who was lying in a Canberra Hospital bed at the time, hours after the incident.
In the video, the alleged victim said Klobucar had called him and said "see you soon, c---" after claims he had burnt the child's leg were first raised.
The man told police the altercation that ensued had involved Klobucar's mother punching him in the face before the 34-year-old got on top of him and wrapped an arm around his neck.
He said he had "blacked for a bit" and "actually shat myself".
"[Klobucar] squeezed the shit out of me," the alleged victim said.
The man started giving evidence in court on Friday afternoon, appearing from a remote witness room.
He is set to continue being cross-examined next Tuesday by
The man started giving evidence in court on Friday afternoon.
He is set to continue being cross-examined next Tuesday by Mr Robertson, who said the man's evidence seemed to be "missing a lot of parts" when compared with what he had told police.
