Security guard strike went beyond self-defence
AN Andergrove security guard has found self-defence will only go so far in court after he slugged a reveller while he was already down.
Eddie George Marsh, 28, was on shift at the AM Bar on Gregory St, in Mackay's Safe Night Precinct.
A man was evicted by the 28-year-old bouncer, who then copped a punch to the jaw for his efforts at keeping the place safe.
Marsh returned the favour and the patron stumbled and hit the floor, gashing his face.
But instead of de-escalating the situation, as he was trained to do, Marsh walked up to the reveller and punched him again, a court was told.
Marsh's decision landed him in Mackay Magistrates Court on Monday, where the security guard of seven years pleaded guilty to common assault.
Prosecutor Shelby Larcombe provided the facts of the case, mentioning the June 17, 2017, incident was caught on CCTV.
She said Marsh had originally walked away after his initial, rebuttal strike, but turned back and punched the victim while he was on the ground, largely defenceless.
"The defendant is seen to take a couple of steps away from the victim and then come back, lean over the victim and punch the victim once with his right fist in the face," Ms Larcombe said.
Marsh initially told police he didn't remember the second strike, but then admitted he "lost control".
Duty solicitor Danny Yarrow said the man Marsh tangled with was also charged over his alleged behaviour, which had included verbal abuse inside the bar.
Several character references were tendered and Mr Yarrow said the dad had not worked security at the AM Bar since the night in question.
Mr Yarrow asked Magistrate Scott Luxton to consider Marsh's clean criminal record and not record a conviction to improve chances of future employment as a bouncer.
The lawyer conceded Marsh's second punch "went beyond self-defence", though it was "out of character" and Marsh was remorseful.
Mr Luxton said the victim was behaving "untowardly" before the fight, but was clearly not continuing to antagonise Marsh once he'd fallen to the ground.
"It is aggravated to a degree by the fact this did take place in a work setting. And obviously there was a need for restraint, which you've been trained about," he said.
But Mr Luxton took into account Marsh's timely guilty plea, total lack of criminal record and good history of employment.
Marsh was fined $750 and the magistrate did not record a conviction.