Mine worker avoids prison for ‘ horrific’ attack on prone victim

A MINE worker who stomped on another man’s head at Flinders St has avoided jail time as he was charged with only a minor offence.

Jesse John James, 29, pleaded guilty in Townsville Magistrates Court yesterday to public nuisance. Prosecutor Colleen Wainwright said police were patrolling Flinders St East at 3.25am on April 16 when they saw a disturbance at a pedestrian crossing.

They arrested a man who was kicking another man’s head and James intervened, trying to prevent his friend’s arrest.

“During the ensuing wrestle, ( James) and the other male were wrestled to the ground and handcuffed,” she said.

Police checked CCTV footage, which showed James and his friend speaking with the victim.

The footage then showed James punching the man in the head several times, knocking him to the ground.

“( James) was seen on CCTV to stomp down at him,” Ms Wainwright said.

James chased another man, then returned to kick the man on the ground in the head again. Ms Wainwright said police could not victim.

“When asked why he’d hit the other male, ( James) stated that he’d made some racially derogatory comments towards his friend and he wasn’t prepared to put up with that,” she said.

Ms Wainwright said while James had limited criminal history, it was a high- end example of public nuisance.

She submitted that a conviction be recorded. identify the

For James, solicitor Jamie Scuderi said a conviction would affect his career in mining, saying he worked for BHP.

Magistrate Peter Smid said in a past Townsville case, a man was fined $ 750 for a “gruesome assault” where he had only been charged with public nuisance.

“If ( James) had been charged with assault he’d be ... getting a few years ( jail) for that,” he said. “This isn’t an assault, it’s a public nuisance, so I’ll sentence him on a public nuisance. It’ll be a fine instead of a couple of years jail.”

Mr Smid said that if he had been the stomping victim, he would have been “racing to the police”.

“This is just horrific, what could have happened,” he said.

“It’s unbelievable what you were up to that night but you’re lucky you were only charged with public nuisance.”

James was fined $ 1000 and no conviction was recorded.