Best man at Adelaide wedding loses his appeal against glassing conviction
An Adelaide best man found guilty of smashing a glass into a wedding guest's face has lost an appeal against his assault conviction.
The Mount Barker Magistrates Court heard Erik Glouftsis, 32, had been drinking heavily at the Adelaide Hills wedding in March 2011 before the incident occurred.
He was seen taking off his shirt and swinging it around his head before stepping outside for some air.
When the groom's cousin approached him and told him to 'cool it' Glouftsis reacted with force, punching the man through a glass the man was taking a drink from.
The man suffered lacerations to his face requiring 36 stitches.
He now has permanent scarring and no feeling in the left side of his face.
It was initially thought Glouftsis had thrown a glass at the man, and he was charged with aggravated assault causing harm, as it was alleged he had used the glass as a weapon.
However, during the trial the victim and another of the groomsmen gave conflicting versions of the event.
The victim said the incident happened quickly but he thought that Glouftsis had thrown the glass at him.
The groomsman said the victim had been taking a drink from the glass when Glouftsis punched him through it.
The Magistrate preferred the groomsman's evidence and found Glouftsis guilty instead of a basic assault causing harm as the source of aggravation was not proved.
Glouftsis launched a Supreme Court appeal against his conviction.
He told the court the verdict was unsafe and unsatisfactory and he should be acquitted or re-tried.
In her judgement handed down today, Justice Trish Kelly found that while judges and juries have the power to deliver alternative verdicts "where it is reasonably open on the evidence", magistrates do not.
However she said there was only one offence of assault causing harm that can be committed with or without the aggravating feature, and as such, the magistrate was entitled to find the basic offence was proved.
She also said the magistrate had the power to amend the charge to remove the circumstance of aggravation, as long as it did not prejudice Glouftsis.
Glouftsis is due to be sentenced next month.
