Gold Coast doctor hoping to avoid retrial

A Gold Coast doctor who won an appeal against his assault conviction, after he tied up a seven-year-old patient, is now trying to avoid a retrial.

Paediatrician Dr Neville Davis admitted tying up the boy, who has attention deficit disorder, in Southport in October 2012.

He claims he was trying to show his mother ways to control him, but has always denied sitting on the boy or putting a rope around his neck.


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Dr Davis was convicted of assault in the Southport Magistrates Court in March 2015.

He later won a District Court appeal before a retrial was ordered amid concerns the original magistrate did not give reasons for disbelieving the doctor.

On Tuesday the ABC reported the defence asked the Appeals Court to skip the retrial and decide itself whether the doctor should have ever been convicted.

The Crown wants the case to go back to the District Court for a retrial, arguing there was sufficient evidence for the conviction to be reinstated.

Prosecutor Danny Boyle argued there was sufficient evidence for the conviction to be re-instated.