Jari mum fights assault verdict
FAITH Tkalac, mother of the late Jari Wise, has been found guilty of assaulting the mother of her son’s former partner, but will appeal the decision.
Gail Oates is the mother of Melissa Oates, who had been in a relationship on and off with Mr Wise before his death, when he was hit by a car Melissa Oates was driving.
Tkalac appeared at the Hobart Magistrates Court on Monday over two counts of breaching a restraining order, one count of contravening conditions of a notice and one count of common assault regarding an altercation with Gail Oates, to which she pleaded not guilty.
She also appeared for several other restraining order and breach of bail charges.
Magistrate Robert Webster said Tkalac had gone to the Hobart Magistrates Court on July 27 last year while Melissa Oates was appearing at court. A security guard refused to let Tkalac in because of Covid-19 restrictions.
She made her way to the exit, where she saw the Oates family with only a pane of glass between them.
“She began banging on the glass and yelling abuse (at Gail Oates),” Mr Webster said.
CCTV showed a security guard attempting to keep the pair separated, with the assault supposed to have happened just out of the frame.
Mr Webster said to prove Tkalac had punched Ms Oates on the right side of her chest and shoulder area, he needed to be satisfied that there was an application of force and then needed to be satisfied it was either intentional or reckless.
He said Ms Oates had been interviewed by police and had redness on her chest area.
Two witnesses corroborated seeing a punch and the security guard said he did not see it, but heard the sound.
Mr Webster said Tkalac was “clearly the aggressor”.
He said the witnesses were satisfactory and he found the charges proved.
Defence lawyer Dinesh Loganathan said pleas of guilty could be entered to two counts of breaching a restraining order and one count of breaching bail.
Tkalac had previously pleaded guilty to 10 counts of breaching a restraining order, two counts of breaching bail and one count of breaching bail conditions. Mr Loganathan said Tkalac was seeing a grievance counsellor.
Tkalac has given her notice to appeal against the decision over the assault charge and charges relating to the July 27 incident at the Supreme Court at a later day.
Mr Webster adjourned the sentencing over her other matters, to which she pleaded guilty, to appear at Hobart Magistrates Court on November 15.