Vains wins appeal,Brunker moves on
THE feud between former Whitsunday mayor Mike Brunker and Bowen Turf Club president Cyril Vains took another twist at the Townsville District Court last week when Judge John Baulch SC upheld Mr Vains' legal appeal.
The latest ruling in the long-running case found that Mr Vains was unfairly convicted of common assault in the Bowen Magistrates Court last year and wiped his $500 fine.
The assault charge stems from an altercation between Brunker and Vains at the Bowen races on August 14, 2010, where both parties alleged the other had thrown the first punch.
Mr Vains, who said he was "dumbfounded" at the original verdict, immediately took the matter to appeal, having faith that "eventually the truth would come out".
"It just shows if you believe in something you should never give up," he said of last Wednesday's decision.
Meanwhile Mr Brunker says the latest ruling is "a joke" and debates the fact that his adversary has been cleared.
"What the judge did was set aside the charges - he hasn't exonerated Cyril at all," he said.
"The judge isn't saying Cyril didn't hit me, he's just saying he believes there's a technicality in the way the magistrate summed up the evidence."
Mr Brunker was critical of the legal system and said he would not be subjecting the witnesses to further trauma by taking this latest decision to appeal.
"The law is an ass and that's how you can get away with murder," he said.
But while the battle may be over, the war continues on - for Mr Vains at least.
"I'm happy that part of it is over [but] we will continue our fight for financial justice now [and] we'll be taking some things to the CMC [Crime and Misconduct Commission]," he said.