A crop-worker who allegedly pushed a pie into his wife's face has applied to change his guilty plea at Armidale Local Court

A GUYRA CROP worker who pleaded guilty to pushing a party pie into his wife’s face has applied for a plea traversal.

Chay Chan, 43, said his ex-solicitor Thomas Payne advised him to plead guilty on July 19 as police evidence was likely to have him convicted.

But, new defence solicitor Chelsea Schaefer said it was not a conscious admission of guilt, Armidale Local Court heard on Monday.

Magistrate Michael Holmes asked Chan whether hearing the offence could carry a term of imprisonment had any impact on his plea traversal application.

This is the first time I have started to try to actually defend myself.

Chay Chan.

“I know domestic violence is a serious issue – I’m aware of this,” Chan said.

“However, these documents don’t convey my wife has been attacking me.

“This is the first time I have started to try to actually defend myself.

“For me it’s never been about justice and fairness, it’s always been about minimising the sentence and to me that’s not what the court system is about.”

Watson, McNamara and Watt solicitor Thomas Payne took the stand next.

Questioned by Moin and Associates solicitor for the defence Chelsea Schaefer, Mr Payne was asked whether Chan had told him he was acting in self-defence.

“He said it at the start to myself, initially, however after going over the facts and the evidence I explained to him why it was likely he would be found guilty,” Mr Payne said.

Evidence tendered to the court included images of Chan’s wife with burns to her face, and meat from the pie spilled across the kitchen floor.

Chan was charged with assault occasioning actual bodily harm on July 1.

It’s alleged the victim was preparing lunch for visitors when Chan arrived home and put four party pies in the oven for a snack.

An argument allegedly broke out when the victim complained about the smell and Chan pushed a pie into the victim’s face.

Chan was found by police with mince smeared on his left hand. The matter is adjourned until November 8.

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