Drunk business owner assaults staff at son’s 5th birthday
A DISPUTE over a cake plate at a child's fifth birthday quickly escalated into a violent assault, a Chinchilla court has heard.
Owner of Chinchilla's Downtown cafe, Jatinder Kumar, fronted Chinchilla Magistrates court on Wednesday, December 18 on seven charges, including wilful damage and common assault.
The court heard Kumar was celebrating his sons fifth birthday at the Masala Hut restaurant in Chinchilla before he became upset at staff for not suppling a separate plate for cake.
Kumar pleaded guilty to the following charges; one charge of commit public nuisance, one charge of commit public nuisance within a licenced premise or in the vicinity of a licenced premises, two charges of common assault, two charges of wilful damage, and one charge of wilful damage to property without consent and thereby causing a loss of $250 or less.
Police prosecutor Jodie Tehana said the drunken confrontation involved two staff members that were working at the restaurant.
"(Kumar) asked one of the victims of the assault if he could have an extra plate for a cake, but he was told it wasn't company or restaurant policy," Senior Constable Tehana said.
"He became upset after this and as a result he confronted the victims."
Snr Const Tehana said the wilful damage charges were a result of Kumar smashing an Eftpos terminal on the counter seven to eight times, punching the front door of the restaurant as well scratching one of the employee's cars.
"A part of the stone guard on the bonnet was broken off and it was dragged down the side of the car which caused the scratch," Snr Const Tehana said.
"At the time of the offence (Kumar) was intoxicated, the public nuisance offences relate to - he was taken outside by other members of his party where he made threats towards those young employees.
He was removed from the area a number of times by people and he did come back… it happened over a lengthy amount of time."
Defence lawyer Claire Graham said the large amount of alcohol that was consumed gives "an explanation as to why he might have behaved in such a way when he has come to court with an otherwise blameless history".
Kumar was also threatened by the victims Ms Graham said, which may have caused Kumar's behaviour to continue.
"(The victim said) 'mate I've heard enough... say one more word and I'll give you a taste,' it might have also perhaps inflamed the situation," Ms Graham said.
Magistrate Tracy Mossop said Kumar's actions were inappropriate and offensive.
"I'm taking into account that this was your sons fifth birthday and you behaved absolutely appallingly, and the language I read in this document is offensive," Magistrate Mossop said.
"I wouldn't have liked to be one of those members present going out for a night to enjoy a meal and then being confronted by a patron who behaves as badly as you did… it would have been very confronting.
"All of these things affect you as a business owner, as a father, as a husband, and as someone who is a member of this community."
Magistrate Mossop fined Kumar $1200 referred to SPER, $1100 in compensation to Masala Hut for cracking their glass door, and no conviction was recorded.
There may be additional costs to Kumar in the future from the insurance company of the victim for the broken stone guard, and the bank for the broken Eftpos terminal.