Queensland Labor MP Les Walker has been found not guilty of common assault after an incident outside a Townsville pub that a magistrate described as a "storm in a teacup".
Mr Walker pleaded not guilty to the charge that stemmed from an altercation with Stephen Lane in Townsville's safe night precinct, when Mr Lane requested a photo with the Mundingburra MP outside the Australian Hotel.
Acting magistrate Peter Smid on Friday said Mr Walker stepped across Mr Lane and bumped him after he followed the MP and his wife Kaylene for roughly 15 metres on July 30, but it was not unlawful.
Mr Smid acknowledged that there was not a "lot of love lost" between Mr Walker and the complainant due to their conflicting political views, but had "serious concerns" of the credibility of Mr Lane who was "evasive" as a witness and "failed to make concessions".
CCTV footage played to Townsville Magistrates Court showed Mr Walker and his wife approaching the hotel down a footway on the night of the incident, before waiting to go inside.
Mr Walker was allegedly looking for a person he'd met at a local store earlier that day, when he then used hand motions to indicate to his wife not to sign in as they were leaving.
Mr Lane recounted he heard Mr Walker say "hey Stephen, come outside and get a photo with me," as he was at the bar,
The defence disputed that statement, due Mr Walker's body language and motions towards his wife.
The court later heard that due to Mrs Walker being deaf in her left ear, the couple often used hand motions in loud places.
Vision then showed Mr and Mrs Walker walking away from the venue, as Lane followed them with his phone out attempting to take a picture.
""F*** off I'm not getting a photo with you," Mr Walker allegedly replied.
The vision then showed Mr Lane following the pair down the footway adjacent to the hotel. Mr Walker turned and "bumped" Mr Lane with his arm and shoulder.
The defence likened it to bumping shoulders with someone for a drink at a bar.
Mr Smid said the case was a "storm in a teacup" and abuse of the justice system.
"I cannot believe that I'm sitting here all day listening to an event that happened between two robust men and how the criminal jurisdiction has been used to to ventilate all of these issues," he said.
"I think the whole thing was a waste of time.
"With no evidence of Mr Walker being drunk, I think the whole criminal jurisdiction has been abused."
Joined by his wife outside court, an emotional Mr Walker said he understood legal processes must be adhered too, but he always maintained his innocence.
"You heard it, the magistrate's not happy with how I've been treated," he said.
"It's very cutting to know that the legal system is being used like that.
"I always believed that my behaviour was beyond reproach in relation to what I was doing. You just never take it for granted that that's the outcome you're going to get.
"I just want to get back to work and do what I love."
