Business owner attacks sister’s late-night lover
WHEN the owner of a mechanic business in Miles met with a potential employee at the local pub, his night ended with him begging police to arrest him after her assaulted the man.
The Chinchilla Magistrates Court heard Michael Joseph Fairbrother, 36, and his sister, 32, met with a welder and offered him a job - although things turned sour when the man went home with his sister later that evening.
Police prosecutor senior constable Jodie Tahana said after the pair left the venue, Fairbrother was told the man was in a relationship with another woman, which angered him.
Snr const Jodie Tahana said the assault occurred on August, 22, on Daisy St in Miles at 2am.
“(Fairbrother) contacted 000 to advise he had assaulted a victim and was requesting an ambulance … police arrived a short while later,” she said.
The court heard Fairbrother then asked police to arrest him.
Snr const Jodie Tahana said police saw Fairbrother’s sister and the victim sitting on the veranda of the house.
“Police observed he had a swollen lip and face. He stated he was in the sister’s bedroom when (Fairbrother) kicked the door in and assaulted him,” she said.
“He did not want to attend the hospital … and was transported home by police.”
Snr const Jodie Tahana said on August 24, the victim went to the Chinchilla police station to make a complaint, although told police he didn’t remember what had happened.
“He stated he had been drinking at the Australian Hotel … with a male who was going to employ him,” she said.
“He recalled getting onto the courtesy bus and then being taken home by police and did not remember being assaulted,” she said.
“He had suffered bruising to his body, a cut lip, and a swollen nose - he also had to pay $500 to have his teeth fixed after the assault.”
Fairbrother pleaded guilty to one charge of assault causing bodily harm on Thursday, October 1.
Defence lawyer Michael Corbin said on the night of the offence an agreement was made between Fairbrother and the welder to start work on the following Monday.
Although, after the pair left in the courtesy bus, Mr Corbin said, “(Fairbrother) was told by another close friend that the person he had chosen to employ was actually in a relationship with another”.
“My client then went home and found the victim and his sister in bed together and sadly lost his cool,” he said.
“On the plus side your honour, he’s the one who called police (and) he’s invited police to arrest him.
“He’s clearly remorseful for what has occurred.”
Mr Corbin made a submission to the court to deal with Fairbrother’s case in a different manner as he has no criminal history, was highly cooperative, had a turbulent upbringing, and had been working towards decreasing medication for his bipolar disorder, diagnosed in 2011.
“It is my respectful submission that if this is a one off matter, as it seems to be, then section 32 recognisance provides the court of the option of finding out if it is indeed a one off ,” he said.
“If he commits a further offence he’d be back before the court and sentenced for this matter under that section of the penalties and services act.”
Magistrate Tracy Mossop said assault is a serious crime that can result in a term of imprisonment, although she would impose Mr Corbin’s submission based on Fairbrother’s unique circumstances.
“I accept that you are someone that has come before the court as a 35-year-old male without any prior relevant history, and it seems there were some unusual features to the circumstances of your offending,” she said.
“But you are not you sister’s keeper in that regard, if she chooses to be with that person – so be it.”
Magistrate Mossop said Fairbrother could have knocked politely on the door and asked to speak to his sister, and said “look, guess what, this is what I’ve heard”.
“You had no right to lay a hand on another person.”
Fairbrother was convicted of the assault, and instead of imposing another sentence, was ordered to be released upon a reconnaissance payment of $1000 to be paid to the victim by September, 30, 2021.
Magistrate Mossop said that Fairbrother, “must appear before to court to be sentenced at a future sitting … if called upon within the next 12 months.”
“You must in the meantime keep the peace and be on good behaviour.”
A conviction was not recorded.