Bowen Turf Club president Cyril Vains has been slapped with a $500 fine for punching mayor Mike Brunker in the nose.
The long-running saga came to a close in Bowen Magistrates Court on Friday after the carpark punch-up at last year’s running of the Ben Bolt Cup on August 8.
Punters got more excitement than expected as the high-profile pair swapped insults and punches after a dispute over political advertising hoardings.
The dispute led news broadcasts and newspaper headlines across the country as one of the ‘highlights’ of a dreary Federal election campaign.
Mr Brunker, Whitsunday Regional Council mayor and Labor aspirant for the seat of Dawson, went to the track to boost his profile and left after a Vains’ punch ‘popped the blackheads on his nose’.
After a number of adjournments from December when the charge was first listed to be heard until Vains pleaded not guilty to common assault during a two-day hearing in May, the matter reached a finale when magistrate Ross Risson gave his findings on Friday.
He did not accept Vains’ version of events on the day and acceded to a call from defence counsel Alex Raeburn not to record a conviction saying a lack of remorse was not a factor to apply one.
Mr Risson said he accepted evidence heard during a two-day trial in May that Vains threw the first punch to Mr Brunker’s nose with the mayor then retaliating.
“You were foolish, in my view, to call Mr Brunker outside when security could have removed Mr Brunker and his signs,” Mr Risson told the 70-year-old defendant on Friday.
“You have been the subject of wide media coverage and no doubt will be again after today.”
The magistrate took his seat on the bench at noon and spent the next 25 minutes outlining his decision before announcing he rejected Vains’ version.
Prosecutor Mark Fenlon made a five-minute speech saying a good behaviour bond was out of the question as Vains had shown no remorse or contrition.
He said taxpayers had been put through the costs of a two-day hearing. Vains had already been charged, found guilty and suspended by Queensland Racing authorities, Mr Fenlon said.
He said a conviction would not have any affect on Vain’s chances of getting a job as he was 70 and retired.
Mr Raeburn countered saying going to trial was everyone’s right and did not mean a heavier penalty should be imposed.
“He’s 70, has no criminal record and I ask for a bond with no conviction recorded,” Mr Raeburn said.
“There was no bodily harm….the blow was not sufficient to knock his (Brunker’s) hat off.”
Mr Raeburn said Vains had already been penalised by Queensland Racing, was disqualified from his job for three months and not allowed to go on any track during that time.
He said a conviction could have implications for the turf club’s liquor licence.
Mr Raeburn said Vains tried to settle the matter through mediation but Mr Brunker would not agree.
He also held up a thick folder of newspaper clippings which he said Vains had had to “suffer” as the story unfolded from the punch-up in the carpark last August and which would increase following Friday’s sentencing.
Mr Risson fined Vains $500 to be paid within two months or he would serve eight days in jail. No conviction was recorded.
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