Selwyn Toby Donahue guilty of grievous bodily harm after attack on three passers-by in Mareeba

The brother of a man who was fatally shot by police in Mareeba has been sentenced in court following a “gratuitous” attack which was caught on CCTV. Watch the footage. Warning: Disturbing content

The brother of a man shot and killed by police in Mareeba 14 months ago has been jailed for his role in an attack a judge said was unprovoked and gratuitous.

Community unrest followed the police shooting death of Aubrey Donahue, 27, in an alleged siege situation with Special Emergency Response Team officers called to the scene in Love St on March 25, 2023.

The fatal shooting prompted sporadic street protests and violence in Mareeba.

Aubrey Donahue (left) was fatally shot by police in Mareeba on March 25, 2023, after allegedly approaching specialist officers armed with a knife. His death prompted community unrest.

In Cairns District Court on May 10, Selwyn Toby Donahue, 28, pleaded guilty to grievous bodily harm and two counts of assault occasioning bodily harm in company over an attack that took place five weeks after Aubrey Donahue’s death.

Judge Tracy Fantin said Donahue was drinking heavily at the time partly because of tragic circumstances, but that was not a mitigating factor.

CCTV footage of the assault shows one man being kicked in the head after being knocked unconscious. Picture: Supplied

The court heard Donahue was part of a group of nine people in the street – another man, a woman and three others were also charged over what Judge Fantin said was a “vicious beating” of three strangers who left the Ant Hill Hotel about 11pm on April 29, 2023.

As well as punching and kicking the victims, Donahue threw a bottle which hit one of the men on the face.

The man was flown to Cairns Hospital where he received life-saving surgery.

“Without treatment, the arterial bleeding caused by the laceration to his neck was life threatening,” Judge Fantin said.

“He could have bled to death – you would have been facing a murder or manslaughter charge.”

CCTV footage shows one man being kicked multiple times in the head. Picture: Supplied

The victim has facial disfigurement and scarring from the incident.

Another man suffered fractures to his eye socket, cheek and nose.

The prolonged attack, during which Donahue kicked a man rendered unconscious in the head, was captured on harrowing CCTV footage.

Donahue was arrested on May 5 and released on bail but it was revoked due to a breach and he spent 361 days in pre-sentence custody.

“This was a gratuitous attack by a gang of six on innocent members of the public on the street at night – there is no suggestion of provocation” Judge Fantin said.

Crown prosecutor Shaun Farrelly sought a serious violent offender declaration, meaning Donahue would have to serve 80 per cent of his sentence.

Judge Fantin declined to make that declaration, but also declined to set a parole eligibility date.

She handed down a head sentence of six years prison.

Originally published as Selwyn Toby Donahue guilty of grievous bodily harm after attack on three passers-by in Mareeba