Work text led to assault

A RESTAURANT worker found himself on the wrong side of the law for trying to get another employee to stop slacking off.

Peter Ross Birtwell, 61, attempted to confiscate the 20year-old man’s phone after he texted during a busy shift, the Southport Magistrates Court was told yesterday.

He grabbed and “twisted” Hamish Friend’s wrist in the process, constituting to a criminal offence. Birtwell, of Biggera Waters, pleaded guilty to common assault.

The phone wrestle on December 7 last year followed an argument about whether tip jar money should go to workers or charity.

Defence lawyer Callum MacCallum, of Moloney MacCallum Abdelshahied Lawyers, dubbed Birtwell’s appearance a “waste of court resources, time and money”, citing the petty nature of the complaint.

He said attempts were made to settle the matter outside court for “public interest” but the complainant was adamant for the charge to remain.

The court was told Mr Friend no longer worked at the Surfers Paradise restaurant while Birtwell remained an employee.

Magistrate Kerrie O’Callaghan said Birtwell was “a bit aggressive” in his approach.

Birtwell was fined $150 and no conviction was recorded.