A man accused of assaulting Senator Jeff Baron was acquitted of all charges in Magistrates’ Court this afternoon after it was ruled that he had acted in self-defence.

Victor Moore Johnston, 46, was found not guilty of charges of assaulting the senator, causing wilful damage, having care and control of a vehicle while impaired, and refusing a breath test.

Sen Baron had told the court that on the evening of August 27 last year, he was at the Swizzle Inn with friends when he noticed the defendant, whom he believed to be impaired.

When Mr Johnston and his family went to their car, Sen Baron said that he appeared unsteady on his feet. He testified that he followed them to their car and knocked on the drivers side window telling Mr Johnston that he should take a cab home. He said the defendant then threatened to “kick his a**”.

Sen Baron said he told Mr Johnston to take a taxi a second time, but after the defendant went to engage the engine, he reached in and turned the key.

Mr Johnston then attempted to exit the vehicle, but the senator blocked the door with his body, telling the court that he had the honest belief that Mr Johnston would assault him if he got out.

Sen Baron said he moved away from the door when a security guard for the restaurant approached, but Mr Johnston then charged at him, punching him in the face before the senator pulled him to the ground.

After a brief scuffle, Sen Baron said he took the keys from Mr Johnston’s car, holding on to them until Police arrived.

During the trial, the court was shown CCTV footage from the evening of the assault, which showed Sen Baron approaching the drivers side of the defendant’s car after it had pulled out of a parking bay.

The court also heard evidence from Police, who testified that Mr Johnston appeared unsteady on his feet, was slurring his words and that his breath smelled of intoxicants. He was subsequently arrested on suspicion of having care and control of a vehicle while impaired and asked to take a breath test, but refused.

Mr Johnston elected not to take the stand during the trial.

In his ruling, Magistrate Archibald Warner said: “I find on Sen Baron’s evidence that he had unlawfully intruded on the defendant, on his motor car ... that he unlawfully detained the defendant in his car.

“By Sen Baron’s own admission, when the defendant attempted to get out of the car, he intentionally stopped him. I find that it was Sen Baron’s intention to unlawfully detain the defendant. This is from Sen Baron himself.”

While he said there were conflicting reports about the extent of any subsequent assault, the assault would not be unlawful because Mr Johnston was acting in self-defence.

“He was acting to reasonably repel a man who trespassed in his property, his motor car, while his family was in the car. I find that the defendant did not use any unreasonable force.”

Mr Warner said there was no evidence before the court about the charge of wilful damage — damage to Sen Baron’s shirt.

On the subject of Mr Johnston’s refusal to provide a breath sample, Mr Warner said that the court had not heard any evidence that the officer knew the defendant was behind the wheel. As a result, the officer did not have a legal basis to demand a breath sample.

Mr Warner also said that while the arresting officer testified that Mr Johnston appeared unsteady on his feet, had bloodshot eyes, was slurring his words and that his breath smelled of alcohol, there is legal precedent stating that such evidence alone is not enough to secure a conviction of having care and control while impaired.

Concluding, Mr Warner said: “Impaired or drunken driving is a serious problem, a menacing problem in our community. All lawful means should be deployed to eradicate this problem for obvious reasons.

“However, I stress lawful means. In this case, there is evidence that other lawful means could have been adopted to bring this suspicious allegation to the attention of the proper authorities.”

He said that Sen Baron could have approached the security guard, who was seen in the parking lot in video footage of the incident wearing a reflective vest, or used his cell phone to contact the police.

“This vigilante-type behaviour attempted by Sen Baron must also be discouraged,” the magistrate added. “Individual rights are in fact the higher good, especially when there are alternatives.”