44-year-old Lavalavu, who lives in Beaconsfield, pleaded guilty in the Mackay Magistrates Court this week to assault causing bodily harm and failing to leave a licensed premise.
44-year-old Lavalavu, who lives in Beaconsfield, pleaded guilty in the Mackay Magistrates Court this week to assault causing bodily harm and failing to leave a licensed premise. Tanya Easterby

Man refused drinks, kicks security guard in the head

A TONGAN man assaulted a security guard after being refused service at a pub in Andergrove.

Angaaetau Lavulavu's lawyer said the man was told he was "too drunk" to order drinks, but in fact he was speaking slowly and with a drawl because English was his second language.

The 44-year-old, who lives in Beaconsfield, pleaded guilty in Mackay Magistrates Court to assault causing bodily harm and failing to leave a licensed premise.

Prosecutor Senior Constable Erskine said that about 11pm on March 15, pub staff cut Lavulavu off from the bar as he appeared intoxicated.

He refused to leave. The security guard saw him being abusive towards staff and approached him. He became "increasingly aggressive".

Snr Const Erskine said Lavalavu tackled the man and punched him on the ground. He took a few steps away and threw a glass at the bar, smashing it.

Lavulavu punched the security guard's face, tackled him to the ground again and kicked his head twice.

He then left the pub. Police were unable to find him, but he was later identified through CCTV footage.

Snr Const Erskine said the victim had suffered soft tissue injuries to his shoulder and knee. He sought compensation for the victim's pain and suffering.

Defence solicitor David Strutynski said Lavulavu had emigrated to Australia in 1996 and had not previously spoken English.

He said the father-of-three had about 7.5 standard drinks at the time he was refused service and did not feel "adversely affected".

Mr Strutysnki said it was "not the first time" Lavulavu had been refused service at a pub because of his manner of speech.

He said the victim had "instigated" the fight by putting Lavulavu in a double arm lock. Lavulavu had then flipped him over his shoulder.

Magistrate Nerida Wilson said the security guard had been carrying out his lawful duty and Mr Strutyski agreed.

He said that in the altercation Lavulavu had broken his little finger.

Ms Wilson adjourned the sentence to later this month.



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