Australian surfing icon and filmmaker Koby Abberton, face of the "Bra Boys" documentary and Oakley surfwear, will let a Honolulu jury decide if he is a victim of mistaken identity.

Leslie Maharaj, Abberton's attorney, yesterday demanded a jury trial at District Court on behalf of her client, who is charged with misdemeanor third-degree assault. Abberton's presence was waived yesterday but he must appear May 12 for arraignment and plea at Circuit Court.

The assault charge stems from a 1:25 a.m. altercation outside a downtown-area bar on North Kukui Street and Nu'uanu Avenue in which a man attempting to break up a fight was allegedly punched by Abberton.

Abberton, currently free on $1,000 bail, has insisted to Australia media that he didn't punch the victim.

If convicted, Abberton could be sentenced to one year in jail and/or fined $2,000. Abberton is from Maroubra, a suburb of Sydney, and the title of documentary he is promoting in the United States refers to his hometown and the notorious surfing gang with the motto "MyBrothersKeeper."