On Monday, September 14, Shepparton Magistrates’ Court heard Bradley Donnelly, 32, from Shepparton, had been drinking at the hotel on November 10 when he punched the 66-year-old victim to the left side of the face, causing him to fall from his chair.
The court was told Donnelly then walked back to the victim, who had gotten up off the floor, and kicked him to the right side of his body causing him to fall once again.
Donnelly was later observed by police running towards Wyndham St where he was apprehended.
“The male appeared intoxicated, agitated and was yelling towards police ... he was unsteady on his feet and slurring his words,” police prosecutor Leading Senior Constable Liam Murdock told the court.
Donnelly was identified and arrested for being drunk in a public place.
The court heard Donnelly told police during his record of interview he was "assaulted by two Indians" and so he took a "swing at them" in self-defence.
“I felt threatened, I don't know, I just felt threatened, I defended myself ... a nationality difference, s**t escalated and a few words were said,” the accused told police.
Donnelly's lawyer Megan McKenna said her client accepted his actions were "completely inappropriate", saying he was disgusted by his behavior and had shown a significant amount of remorse.
“He was at the pokies for a lengthy period of time, he lost a significant amount of money that day; he was very intoxicated,” she said.
“Unfortunately he got into an argument and he ended up where he is now.”
The court heard Donnelly, a qualified automotive spray painter, had since turned his life around.
“This event had an impact on him — he has not had a single drink of alcohol or played any pokie machines since that date 12 months ago,” Ms McKenna said.
“He describes himself as doing a 180, he collects items now as opposed to gambling things away.”
The court was told Donnelly had historically had problems with gambling, however since being abstinent had managed to save his marriage of two years.
Ms McKenna argued a fine was an appropriate punishment given Donnelly's limited criminal history, early plea of guilty and evidence of remorse.
Donnelly pleaded guilty to one charge of assault.
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