TWO security guards from a Ballarat nightclub will contest charges over an alleged assault which left a patron with facial bruising and a fractured eye socket.
Sean Patrick Duffy, 21, from Ballarat, and Daryl John Wain, 25, from Black Hill, appeared in Ballarat Magistrates Court together yesterday, where a police prosecutor read out a summary of their alleged offending.
The court heard the incident occurred at Bluestone nightclub about 11.30pm on February 26 last year when the complainant was on a bench.
Leading Senior Constable Gerard Barrow claimed Duffy unsuccessfully requested the complainant get down, then returned and pulled him down and asked him to leave the venue.
Duffy was said to have then escorted him across the dance floor and into a stairwell.
It was alleged Duffy pushed the complainant from behind and put him in a headlock, before Wain came down the stairs and grabbed one of his arms.
For between 30 and 40 seconds Duffy was alleged to have punched and kicked the complainant in the upper body while Wain restrained him.
View Larger Map
The complainant suffered a fracture to his right eye socket, facial bruising and lacerations, and a bruised left eye socket, the court heard.
Leading Senior Constable Barrow said that when interviewed by police Wain claimed he had held only one of the complainant’s arms, and had only seen Duffy punch him once in the face after Duffy was bitten.
Both Duffy and Wain are facing charges of recklessly causing injury and unlawful assault.
Upon hearing the summary, magistrate Andrew Capell said he was surprised the charges weren’t higher.
“I’m amazed it’s not a serious injury (charge), if those are the injuries,” he said.
For Wain, Mike Wardell said his client didn’t get involved in any of the alleged punching and kicking, and had ushered the complainant upstairs after the incident to stop any more violence occurring.
He said Wain didn’t hold the complainant for the purpose of a “beating”.
Duffy’s lawyer Mary Mangan kept quiet during most of the hearing, which was adjourned for a two-day contested hearing starting on July 18.
Email a friend