Judge gavel, scales of justice and law books in court generic Townsville
Judge gavel, scales of justice and law books in court generic Townsville

Elderly man assaulted by respected businessman

CHRISTMAS, seafood and mangoes usually work hand in hand but not last year when a clash of the festive favourites ended with an elderly man being assaulted by an otherwise respectable businessman.

Defence lawyer, Pierre Lammersdorf, referred to the incident as "push, shove, shake" but given the victim's age, he acknowledged it was serious.

The Rockhampton businessman, Bevan John Barr, was a "generally good character" with no recorded history of violence, he said.

He faced court yesterday, guilty of assault.

Barr, 36, and the victim had both set up stalls in a vacant block of land next to the Caltex service station in Gracemere on December 21, 2017.

Barr, who owns a wholesale seafood business, objected to his victim, a fruit and vegetable vendor, putting boxes of mangoes on the ground in front of his seafood.

Police prosecutor, Jess King, told Rockhampton Magistrates Court that Barr told the victim not to, but instead the victim had "got in his face".

Barr pushed the elderly man to the ground by his shirt and once down, grabbed him and shook him again.

The 70-year-old victim was not seriously injured but, with grazes to his knees, called police.

Mr Lammersdorf told the court Barr thought he was within his rights to push the man "to get him out of his face" and he'd had no other offences in the nine months since.

He said the father and stepfather to four children had been employed his entire adult life and was a hard worker who owned his first business at 23, worked in mining for 12 years, and continued to operate his seafood business.

Magistrate Philippa Beckinsale noted Barr's early plea, general good character, and no history of violence.

But she said it was lucky the victim didn't suffer more serious injuries and fined Barr $2200.



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