Danny Klobucar gives evidence in Magistrates Court hearing of Marie-Solvy Leclair

Danny Klobucar, 34, of Wanniassa, was previously jailed for choking the alleged abuser, whom he suspected of burning a child with a lit cigarette.

Marie-Solvy Leclair, Klobucar's mother, faced a hearing in the ACT Magistrates Court on Tuesday over her alleged role in the vigilante attack.

She has pleaded not guilty to charges of assault occasioning actual bodily harm and common assault.

The incident was not Klobucar's first foray into vigilantism. In 2014, he fatally bashed 71-year-old Miodrag Gajic after forming the irrational belief the frail Phillip resident was a paedophile.

A prosecutor claims Leclair and Klobucar arrived at the victim's Conder home in May 2022 to confront his latest victim.

The mother and son took the man to a room, where Leclair allegedly punched him in the face.

Klobucar then choked the man to the point he lost consciousness and defecated himself.

Leclair is accused of kicking the man in the face as this occurred.

The victim later went to Canberra Hospital, where medical staff called police and reported the incident.

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On Tuesday, a prosecutor called Klobucar to give evidence in his mother's case.

He chose to waive his right to stay silent and told the court: "I'm the only one who can answer you properly 'cos I seen everything. I was there."

Klobucar claimed the victim had grabbed his mother's arm and he "did freak".

"I went to her aid," he said.

"I was looking after my mum's safety and wellness."

Klobucar claimed he had "palmed" the man, describing the action as "similar to a punch but not a punch".

"He came at me," Klobucar said. "I put him in a choke and we went to the ground and he hit the ground quite hard."

Despite previously being found guilty of choking the victim until he passed out, Klobucar insisted the man "was not unconscious".

Klobucar claimed the victim got up off the ground, grabbed a tin of paint and held it up "like he was going to hit [Leclair]".

The son said he had visited the home with his mother, who wanted "a more thorough understanding of what was going on".

The victim was a "compulsive liar" and Klobucar wanted to make sure there "wasn't any funny business". the 34-year-old said.

"[I wanted to] make sure he wasn't gonna lie his arse off."

Halfway through giving evidence, Klobucar told the prosecutor "if you don't want to hear what I say, I'll just [leave]".

"I served my time for this, miss," he said.

He said the cigarette burning allegations were "disgusting" and it was "putrid, an adult on a two-and-a-half-year-old".

Klobucar told the court that at no time had he seen his mother punch or kick the victim.

When asked if he was altering his story to protect Leclair, Klobucar responded: "I want the best for my mum. Don't mix that up, but I'm telling the truth."

Counsel for Leclair, Dean Ager, previously argued his client did not punch or kick the man at any time, and "couldn't have caused his injuries".

The hearing before magistrate Glenn Theakston continues.

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