TRIAL: A man accused of spiting at police after a resisting arrest outside the Melbourne Hotel has given evidence.
TRIAL: A man accused of spiting at police after a resisting arrest outside the Melbourne Hotel has given evidence. Mike Knott BUN300817MELBOURNE1

Accused says not enough teeth to bite

A MAN accused of resisting arrest, spitting on police and trying to bite hospital security guard claims he only spat to remove capsicum spray from his mouth and wouldn't have tried to bite - because he only had 13 teeth.

Zane Stuart Vinton Scells has pleaded not guilty to the charges that stemmed from an incident where police were called to a disturbance at the Melbourne Hotel on Australia Day last year.

Taking the stand on day four of the trial in the Bundaberg District Court, Scells, 36, told the court he was very concerned by a 10cm-long, open-cut on his arm and was dismissive of police when they first arrived.

The father-of-nine started giving evidence yesterday by telling the court he was 194cm tall and weighed 110kg at the time.

He said before going to the Melbourne Hotel about 7pm he had two beers at home and then four or five schooners in an hour at the pub, before he punched a window out of "frustration" as he left the hotel, cutting his arm.

"I was losing a lot of blood quickly ... it was pouring out," he said.

Scells admitted outside the hotel he gave Senior Constable Ryan Gordon a false name but said he didn't hear police tell him he was under arrest because he was on the phone to Queensland Ambulance Service.

He said the next thing he knew was an officer was trying to grab his arm near the wound and he pulled away trying to protect it.

"I didn't want it ripped open ... it was an open wound getting poked and prodded," he said.

Scells admitted he said "what are you doing you c---s, you can't even take me down" to police, but denied he was resisting when he was "tackled" to the ground and sprayed with capsicum spray.

From then Scells said he was spitting and coughing as he tried to clear the capsicum spray but remained adamant he couldn't have spat towards anyone because the spray temporarily left him unable to see.

Scells went on to give evidence that he "couldn't bite" when asked about the accusation that he tried to bite a security guard's fingers after being taken to hospital for treatment.

"Could you bite?" defence barrister Jacob Robson asked.

"No. I haven't got any teeth at the front," Scells replied.

The trial continues.

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