Man walks free after bashing neighbour ‘ senseless’

A MAN who bashed his neighbour “senseless” and threw a pot plant through his car window has avoided jail time.

Hernan Antonio Maida’s 50- year- old victim was so traumatised that he had to move his family out of the home.

Maida, 40, pleaded guilty in Townsville Magistrates Court to assault causing bodily harm and wilful damage. Maida went to Bruce Russell’s home on August 30 wanting money for his wife’s broken glasses.

Magistrate Ross Mack said when Mr Russell pushed Maida, he “lost it” and “punched ( him) senseless”.

“You knocked him to the ground, punched him in the face while he was on the ground,” he said. “Subsequent to that you threw a pot plant through his car window.”

Prosecutor Bimal Raut said it was a prolonged, violent attack, which only ended when another person intervened.

Defence barrister Kelly Stone said there was a “provocative precursor” to the assault.

“A couple of weeks before this assault, my client’s wife went to see Mr Russell with some other women to ask him to stop grinding his boat. He was having a party,” he said.

“There was an assault, which I’m instructed was carried out on those women.

“My client’s wife had a scratch to her face and her ($ 400) glasses were broken.”

Mr Stone said Maida, a former soldier, had post- traumatic stress disorder, anxiety and depression. He recalled the start of the assault but “blacked out” after that.

Maida received a 15- month jail term, suspended for two years, and was ordered to pay $ 1685 in restitution.

LUCY SMITH