‘Black magic’ barney
A CAIRNS street brawl between families was put down to the use of “black magic”, a court heard this week.
Cairns Magistrates Court this week heard Stephen Wade Pichler allegedly used black magic on the family of Kevin Klein, which led to a confrontation between two families at Murray St last year and then a street brawl in front of a McLeod St residence.
Police prosecutor Senior Constable Taylor Smith argued that Mr Pichler’s pres- ence at McLeod St encouraged his girlfriend Shaina Kynuna to punch Mr Klein in the face.
Mr Pichler pleaded not guilty to a charge of assault occasioning bodily harm in company.
Mr Klein told the court “black magic” was taken very seriously among indigenous families.
“It is believed it can kill people,” Mr Klein told the court.
The court heard one of the men that Mr Pichler allegedly used black magic against – Gordon Jacko – had later died, prompting two car loads of people including Mr Klein and his son Mathew Jacko, to search for Mr Pichler on Murray St in early June.
Mr Jacko told the court they had wanted to confront Mr Pichler, to ask “why was he saying he put Gordon Jacko down”.
The simmering tensions between Mr Pichler and relatives of Mr Jacko reached boiling point when the defendant and Ms Kynuna drove to Mr Klein’s McLeod St address.
Ms Kynuna – who admitted punching Mr Klein – said she did not think a brawl was imminent.
“I did not know I would hit him, I have no idea it would blow up,” she said in evidence.
She said she grew sud- denly angry that Mr Klein had approached her house earlier – putting her infant child at risk.
Mr Klein told the court although Mr Pichler swung at him, none of the blows connected.
Magistrate Allan Comans dismissed the charge against Mr Pichler.
“Mr Klein was not reliable with respect to ... the altercation,” Mr Comans said.
He described Mr Jacko as an “unreliable witness” prone to “seesawing evidence”.
“There is no direct evidence of overt encouragement to assault,” he said.