Staff at a Yeppoon pub and members of the public had to break up a violent love triangle fight between two men, with a court hearing they had history.
Gattlain Unger, 32, pleaded guilty in Yeppoon Magistrates Court on April 27 to assault occasioning bodily harm and public nuisance in the vicinity of a licensed premises.
Police prosecutor Sergeant Darrell Dalton said on January 7, the male victim was at The Railway Hotel with friends when he saw Unger out on the street and raised both arms, gesturing for Unger to come to him.
The prosecutor said Unger then approached the victim, who was sitting on a bar stool.
Sgt Dalton said Unger had a short conversation with the victim and said words to the effect of: “I’m here to kill you, c—”, before immediately throwing two punches towards the victim’s head.
The victim began defending himself by throwing punches back.
The court heard Unger had the victim in a headlock “for a period of time” before the fight was broken up by staff and members of the public.
Sgt Dalton said Unger, when later questioned by police, said he “felt tormented by the victim and that he approached the victim with the intention to punch him”.
“He (Unger) admitted punching the victim several times and getting him in a headlock,” Sgt Dalton said.
“He (Unger) further stated it was not a consensual fight and the victim gave him no permission.”
Sgt Dalton said the injuries suffered by the victim consisted of bruising and scratching.
The prosecutor said the public nuisance charge arose from the same facts as the AOBH charge.
Unger had no prior offending of this sort on his criminal history.
Solicitor Allan Grant said Unger, a father in a de facto relationship, was a ship captain and he tendered an employer reference for his client.
“My client’s partner was previously in a relationship with the complainant,” Mr Grant said.
“There’s certainly some history between these two (Unger and the victim).”
Mr Grant said Unger had previously lodged a complaint with the victim’s employer about the victim’s actions towards him.
“So there’s certainly some history my client has tried to address through proper channels,” Mr Grant said.
“Unfortunately on this occasion (Railway Hotel incident), there was further gesturing from the complainant and he (Unger) has lost his temper and then approached and hit the complainant a number of times.
“That is not normal behaviour for him (Unger) and he certainly is sorry for his actions.
“It is simply the case that he lost his temper because of the constant (alleged) harassment by the complainant.”
Magistrate Grace Kahlert noted there had been an ongoing conflict between Unger and the victim, and she said there could have been a much more serious outcome from the Railway Hotel incident.
Ms Kahlert also took into account that Unger’s employer reference described him as a “model employee.”
She fined Unger $1500 and no conviction was recorded.