It seems it was not a spontaneous act, and that the victims hid from the alleged assailants, later to be discovered trying to catch a taxi when the alleged further assault took place.
Getting your face stomped on is a serious assault.
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I would be surprised if it even hits court.
The two victims will be offered generous ex gratia payments for their pain on the condition that they withdraw the charges.
That will be that.
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Indeed. It’s this aspect in particular that demands jail time for the perpetrators imo.
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I’m pretty sure police can continue with charges irrespective of the victims.
They have footage they don’t need the victims to testify.
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wtf is wrong with people.
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That’s right- based solely on that video the police have direct evidence of a serious crime being committed. The fact that 17 punches were thrown without a breather justifies a charge of deliberately causing injury without lawful excuse. No way is it remotely reckless.
What we are missing is the preamble and it will be interesting to hear what mitigating factors the accused raise in response to the police charges.
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The fact the guys hid and were then belted when they reappeared is quite damming. (Allegedly etc)
100% this, and if you had the ability to pay it, I guess we’d all take the option.
If the two victims were already loaded, the ex gratia payment loses a heap of allure, not to mention the their own particular level of integrity when it comes to society and serious assault.
Can the victims press charges & then take civil action?
I’m sure the fact that Dad’s a judge means he knows exactly what the job of judging’s all about…
No thugs in his house…
Video shows punches thrown, which one caused the injury?, was the victim injured before the fight, perhaps he was combative and had a fight with someone else who caused the injuries. Perhaps they had a consentual fight first, the defendant caused the injuries then, or the defendant was defending himself caused the injuries then went too far once he had won.
Defence need to disprove all the above beyond a reasonable doubt, without a victim, the defence can have a field day making up the facts to suit themselves.
In reality without a victim, the Police, DPP and Courts are far too busy to bother.
As l said, the mitigating factors, if any, we don’t know about.
What we do have is a video showing direct evidence of an assailant landing at least ten punches to the side of the face of a 61 year old. He’s even done a UFC and held one arm down guaranteeing a few bulls eyes.
Then stomping on his head for good measure.
That’s a lot more substantive than “punches thrown”.
The police also indicated the alleged offence was in the worst type category of causing serious injury, so you can bet they have an interest.
Looks like VicPol and the DPP are showing some interest.
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Next appearance 12 February 2019.
https://dailylists.magistratesvic.com.au/EFAS/CaseCRI?CaseID=88759752
https://dailylists.magistratesvic.com.au/EFAS/CaseCRI?CaseID=88675955
QC’s sons accused of assault after AFL final set to fight the charges
Adam CooperFebruary 12, 2019 — 4.28pm
Two sons of a leading QC accused with a friend of viciously bashing two other men after an AFL final could fight the charges they face.
Brothers Dominic, 27, and Sam Walker, 25, and their friend Benjamin Fitt, 27, sat together in Melbourne Magistrates Court on Tuesday as their lawyers were granted permission to cross-examine the victims and six other witnesses at an upcoming committal hearing.
Sam Walker, Dominic Walker and Benjamin Fitt leave court after an earlier hearing.Chris Hopkins
The Walker brothers, the sons of Tim Walker, QC, and grandsons of pre-eminent scientist and 2000 Australian of the Year recipient Sir Gustav Nossal, and Mr Fitt are accused of punching and kicking two men in Wellington Parade in East Melbourne, not far from the MCG, on September 7 last year, after Richmond beat Hawthorn in a qualifying final.
Graphic video footage recorded by a bystander shows a man in a Richmond beanie repeatedly punch and stomp on a man lying on the road, while two other men can be seen assaulting another man behind.
A scheduled committal hearing will determine whether they face trial and means the three men will either contest the charges or test the evidence against them before they enter a plea.
The two men who were assaulted, one aged in his mid-40s and one in his early 60s, are among the witnesses who will be questioned over a two-day hearing in late July.
One man suffered a broken arm and the other facial injuries including a fractured cheekbone.
They went to Wellington Parade to try to get a taxi and were confronted by the three accused men, police said at the time.
The three accused men each face nine charges including reckless conduct endangering life, recklessly causing serious injury in circumstances of gross violence, affray and intentionally causing injury.
Their lawyers were on Tuesday granted permission to cross-examine at least eight witnesses, including the two alleged victims, two doctors, the lead police investigator and bystanders.
The Walker brothers, of Fitzroy North, were supported in court by a woman, and Mr Fitt, of East Melbourne, left court with his father.
Magistrate Duncan Reynolds extended the trio’s bail for them to return to court on July 29.
Its a pretty serious beating in the video, not sure how they’re gonna get off…maybe the defendant hasn’t seen it yet?
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Absolute scum, makes me sick watching that video, I hope they get a massive sentence, and everything they deserve in jail.
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It these guys get off then the legal system is seriously farked. I’m no expert but it seems they are trying to find a loophole in the system. Maybe claim they were provoked or self defence. Either way their is just no justification for what they did and they should do hard time.
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Even provocation or self defence has a limit. Those blokes had an elderly man helpless on the ground and continued the bashing. And personally, I’ve always thought that those who stomp and kick the prone victim should be kneecapped with a baseball bat.
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