Keyon Fuleky, 21, and Cohen Fuleky, 24, both of Shepparton, pleaded guilty in Shepparton Magistrates’ Court to assault.
Prosecutor Senior Constable Ethan Hamill said Keyon, Cohen and their brother approached a man and began punching him at the Aussie Hotel in Shepparton at about 10.30pm on April 22, 2023.
The man then fell to the ground, the brothers continued punching him in the back of the head and one of them began kicking him while verbally abusing him, the court heard.
When police asked the brothers what happened, one of them said they “had words”, confronted him and it “happened real fast”, Sen Constable Hamill said.
When police asked why they assaulted the man, one of the brothers said it “looked like he was going to glass one of us”.
The brothers’ defence solicitor, Bec Park, said the assault was her clients’ “misguided attempt to protect their mother”, whom they said had previously been glassed and confronted by the man they attacked and they knew it “wasn’t the right way to behave”.
Ms Park said although the assault was “nasty”, it was an “isolated incident” that caused no injuries, and “conviction would be a barrier” to the two young men.
Magistrate Simon Zebrowski told Keyon and Coen their behaviour was “pathetic” and called the assault “pretty gutless”.
He said people at the Aussie Hotel would have been “terrified” while trying to enjoy their night out, and said it was a “fluke” there were no injuries.
Keyon and Cohen were both fined $1200 without conviction.
Mr Zebrowski said the only reason the brothers didn’t receive a conviction was because the man had no injuries.
Sen Constable Hamill said the third co-accused was given an $800 fine with conviction.
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