After months of hearings, Magistrate Doug Dick on Friday, November 16, found Chrystian Kenneth Brunton, 19; Rheece James Doran, 19; Bailie Robert Doran, 19; and Jordan Weeks, 20, had used unlawful violence during the Clarke Street altercation on December 31, 2017.

Summarising his more than 70-page judgement in Moruya Local Court, Mr Dick said the group “elevated (their) conduct above self-defence” after a man allegedly broke into the Doran home and confronted them over allegedly stolen bicycles.

A subsequent fight spilled out onto the street, and the group of fathers then arrived.

“Three men alighted from the ute, they fanned out … and advanced on the group of youths. (They) were large men silhouetted against the headlights,” Mr Dick said.

The court heard one of their party conceded “what we did may have looked like we were going there as a lynch mob”.

However, Mr Dick said the youths had turned self-defence into attack.

“The evidence is compelling against each accused. Each was far more than a mere spectator,” Mr Dick said in what he described as a “brawl or fracas”.

“There were countless opportunities for Chrystian, Bailie, Rheece, and Jordan to desist. They could have discontinued long before they did.

“What started out as defence by the group of youths turned into attack.”

They were ordered to enter into a community corrections order for 12 months, on the condition they be of good behaviour. 

Mr Dick dismissed all other charges against the youths.

A charge of larceny against Bailie Doran was dismissed. Mr Dick said it was not proved beyond reasonable doubt Bailie had stolen any bicycles, the alleged incident which sparked the confrontation.

“The evidence linking Bailie to the stolen bicycles is lean. It would be unsafe to record a conviction,” Mr Dick said.

Brunton’s charge of assault occasioning actual bodily harm in the company of others was also dismissed.

Mr Dick said it was difficult to determine, based on the evidence, if Brunton inflicted injuries during the altercation.

“(There were) actions that may be regarded as an attack and actions that may be regarded as self-defence and they are impossible to differentiate or distinguish,” he said.

Mr Dick found allegations of resisting police and obstructing an officer against Rheece and Bailie Doran respectively were unproven.

He said the actions of the pair during their arrests in Clarke Street the morning after the incident did not hinder police.

Charges of being armed with part of a spear gun with intent to intimidate or assault were also dismissed against Bailie Doran and Brunton.

While Mr Dick was satisfied Bailie Doran was armed with the item, the prosecution could not rule out he was acting in self-defence.

Brunton’s charge was withdrawn on the basis that it was a back-up to the affray charge.

Mr Dick said some aspects of the police investigation had caused the court “disquiet”, including identification procedures and collection of statements. However he found police had acted with propriety.

He accepted, due to the presence of an off-duty police officer at the scene, that there was a conflict of interests, “but I do not accept that conflict of interest compromised the investigation”.

Mr Dick, however, had serious concerns regarding the dropping of a strictly indictable charge against the man who allegedly broke into the Clarke St home and allegedly committed assault, who remains before the courts. 

The accused, Murray Stan Hadley, 53, of Broulee, has pleaded not guilty to two counts of common assault, one count of destroying or damaging property and one count of entering a building with intent to commit an indictable offence.

He is due to appear in Moruya Local Court on March 25, 2019.

However, the most serious charge against him was dropped and replaced by the Director of Public Prosecutions without consulting the investigating detective and the complainants, Mr Dick said. 

More coverage in Wednesday’s Bay Post/Moruya Examiner and online.