Tangled love lines in fishing assault case

TWIN brothers accused of brutally assaulting a man claim the alleged victim started the fight because he was jealous they had both slept with his girlfriend, a court has heard.

Philippe Stephen Rubio and Dominique Antone Rubio are alleged to have repeatedly punched and kneed Caleb Estabillo because he refused to go camping with the brothers.

The twins each pleaded not guilty to one count of grievous bodily harm when they fronted Townsville Supreme Court yesterday. The incident allegedly took place in front of a house on Eleventh Ave, Railway Estate, on December 27, 2014, after the Rubio brothers, Mr Estabillo and his girlfriend Cassandra Pecchiari and her sister Taylor Gibson had been fishing at Cocoa Creek.

Crown Prosecutor Dane Marley told the jury Dominique Rubio had been involved in a casual, sexual relationship with Ms Pecchiari, while Philippe Rubio was dating Ms Gibson.

Philippe Rubio’s defence barrister Darin Honchin said his client had also slept with Ms Pecchiari.

Mr Estabillo said he had taken his little brother, daughter, and partner’s daughter to a water park before being invited to the creek to fish.

He said the brothers invited him to return to the creek the following day to camp, but he declined.

“( Dominique Rubio) proceeded to say have you got a problem with me?” Mr Estabillo told the jury.

“I told him I did not want to camping … he said if you’ve got a problem with me just say it, don’t be a pussy. I said to him I don’t want to go camping because you used to have a fling with Cassie and I don’t know you so it makes me feel a little bit uncomfortable … and I just don’t want to go camping.”

Mr Estabillo said Philippe Rubio then told him he was going to “smash your f----- g face in”.

The complainant said Dominique Rubio then punched him in the face, with his brother following soon after. The court heard the pair hit Mr Estabillo with a flurry of punches before he fought back.

Mr Estabillo said he managed to hit Philippe Rubio before Dominique landed a “king hit”. The court heard Mr Estabillo passed out and had to be taken to hospital with a fractured eye socket that later required surgery. Dominique Rubio was also taken to hospital with a dislocated shoulder.

Both defence barristers questioned whether Mr Estabillo was jealous of his girlfriend going fishing with the brothers and claimed he threw the first punch. Mr Estabillo denied these propositions.

The trial continues today.