Jail for ‘loyalty’ street attack
No inquest into Australia Day drownings
“INEXPLICABLE … sickening” and “completely unnecessary” – a cowardly case of mistaken identity was caught on CCTV as police put the squeeze on street crime.
Jayson Samuel McDonald, 33, broke another man’s jaw in two places at a CBD cab rank out of a case of “misguided loyalty,” Cairns District Court has heard.
The brutal act left one man in hospital and a family financially struggling as its main breadwinner was jailed for at least three months.
McDonald will also have a 21-month suspended sentence hanging over his head for two years.
He and another man approached the 18-year-old on Lake Street in the early hours of October 13 last year.
The next few minutes were recorded on CitySafe CCTV as the pair confronted the younger man, who desperately tried to defuse the situation.
Crown prosecutor Eddie Coker played the video to the court.
“He was trying to tell the defendant’s friend that he must have had him confused with someone else,” Mr Coker said.
Convinced that the man had sold him a batch of dud drugs, McDonald’s companion would not let up and told his friend the confused and innocent bystander “had stolen his money”.
While security stepped in to douse the tension, the camera operator zoomed and followed McDonald.
He stepped around the standoff and swung a single punch into the jaw of his distracted victim.
“It hit him fairly hard and throws his head around,” Mr Coker said.
The impact was hard enough that witnesses heard bone cracking.
The court watched the complainant stagger back and grab his jaw, which would require metal screws and plates to remedy the damage.
“He still feels pain and (has) possible dental complications,” Mr Coker said.
McDonald’s barrister, Mike Dalton, said his client had acted out of character.
“He behaved in a grossly inappropriate way out of misguided loyalty,” Mr Dalton said.
McDonald, who had been supporting his sister’s family financially, offered to pay the man restitution.
He pleaded guilty to grievous bodily harm.
Judge Anthony Rafter said McDonald could not buy his way out of jail time.
“He should probably go to jail, to tell the truth … the violence was sickening,” Judge Rafter said.
“Something has to be done to curb the violence by young men committing violence in public places … this incident was completely unnecessary.
“It is inexplicable.” CORONIAL findings into the death of two people at an Australia Day party last year will not be made public.
Brisbane cheerleader Kirsty Cini, 24, and Julatten apprentice carpenter Zack Jenkins, 15, both drowned at Bud and Sue Watts’ Julatten property after descending a 40-50m homemade water slide into a dam.
A Department of Justice spokesman said the findings would not be published.
“Northern Coroner Nerida Wilson delivered findings into the deaths of Kirsty Cini and Zack Jenkins on 20 February, 2019 and does not intend to hold an inquest into the matter,” the spokesman said.
“Non-inquest findings are not routinely published; copies of findings are given to the parties, including the deceased’s next of kin/family.”
It is understood the homemade waterside made of rubber conveyor belt matting was the basis of the inquiry.
Ms Cini was using the slide when she went limp just before hitting the water. As bystanders rushed into the muddy water they found the body of Mr Jenkins, who hadn’t been noticed missing. Attempts to revive the pair were unsuccessful.