A MAN accused of bashing a drunk person with an axe handle at Port Stephens has formally denied the charge.
Jarrod Tarrant did not appear in Raymond Terrace Local Court on Monday when his solicitor pleaded not guilty to assault occasioning actual bodily harm, on his behalf.
The 29-year-old was on bail on the night of July 26 when a man was punched, kicked, and beaten with an axe handle - suffering a ruptured spleen which required treatment in a hospital intensive care unit - at Shoal Bay.
The court heard when the matter was first mentioned three days after Mr Tarrant's arrest he planned to fight the charge on the basis he said he was at home celebrating a birthday with two people at the time of the alleged attack.
The court also heard the injured man admitted he drank two litres of wine before the alleged assault, but was sure Mr Tarrant was responsible when he spoke to police from his hospital bed.
The court heard on Monday the Office of the Director of Public Prosecutions had not elected to become involved in the case.
The not guilty plea means Mr Tarrant will face a local court hearing.
Magistrate Kirralee Perry ordered the brief of evidence be served before the matter is next mentioned again on September 23.
Mr Tarrant remains in custody, on remand.
