SA court urged not to accept excuses of Ali Joubouri, who nearly killed Jason Lindsley with a coward punch in nightclub assault
A COURT has released a video showing the moment Ali Joubouri coward-punched Jason Lindsley inside a nightclub, and his letters of apology. WATCH THE VIDEO, READ THE LETTERS
THE excuses being offered by the man who nearly killed Jason Lindsley with a single punch must be taken “with a big pinch of salt”, a court has heard.
The District Court today viewed harrowing CCTV footage of the moment Ali Joubouri punched Mr Lindsley inside the Zhivago nightclub in August 2012.
It was the first time Mr Lindsley — who was robbed of his memory of the incident by a coma and head trauma — had seen the footage, and he gasped audibly.
Lawyers for Joubouri asked their client, who has been in custody for more than 18 months, be immediately released on parole to “continue his rehabilitation”.
They blamed the attack on Joubouri hearing a homophobic, racial slur just before he threw the punch.
They conceded their client was “perhaps oversensitive”, having been himself stabbed months prior — an experience that left him “in turmoil, off the rails” and “not travelling well”.
That submission sat poorly with prosecutor Kos Lesses, who told the court Joubouri was on bail, banned from the CBD and in breach of a curfew when he punched Mr Lindsley.
“The prosecution does not accept that such a remark was uttered ... even if there was such a comment, it’s not a factor in mitigation,” he said.
“He shouldn’t have been there in the first place and that aggravates his offending ... Your Honour should take, with a big pinch of salt, the submission he was ‘not travelling well’.”
Joubouri, 22, of Walkley Heights, last month pleaded guilty to recklessly causing serious harm to Mr Lindsley.
He had initially pleaded not guilty to one count of causing serious harm with intent, and had been due to stand trial in January.
In August 2012, Joubouri assaulted Mr Lindsley outside Zhivago nightclub.
The attack left the young man with a serious brain injury that required three separate surgeries and months of intensive rehabilitation at Hampstead Rehabilitation Centre.
Mr Lindsley continues to require physical and psychological treatment but returned to full-time work in June last year.
Earlier this month, in victim impact statements read to the court, Mr Lindsley and his fiancee Sarah Lake vowed they would not let the attack define the rest of their lives.
Today, the court was shown CCTV footage of the incident and the events both leading up to and following on from it.
Mr Lesses said it showed Joubouri, who was carrying drinks on both hands, dance briefly with a woman before having a conversation with Mr Lindsley.
He said Joubouri then walked away, “slammed down” his drinks, returned to Mr Lindsley and delivered “a strong, sudden and forceful punch”.
Jon Lister, for Joubouri, said his client committed the offence “while not coping” with “the fallout” of being stabbed in an unrelated incident weeks prior.
He said Joubouri was suffering from post-traumatic stress.
“Both men were intoxicated ... Joubouri believed he heard a comment from behind him of ‘f-got wog’,” he said.
“He was perhaps oversensitive because of the things that had happened to him ... his perception was that he felt threatened.
“There was turmoil in his life, he was off the rails because of the fallout from his terrifying ordeal when he himself was nearly killed.”
He said Joubouri had written two letters of apology, the first of which was addressed to Mr Lindsley’s parents.
“I would like to start this letter with my up most (sic) sincere apology for the pain, heart-ache (sic) and trauma that your family has experienced,” the letter says.
“No family should be put through that kind of suffering and for that I am deeply sorry.
“Not a single day goes by where the memories and thoughts of that night don’t haunt me ... everyday (sic) I wish that I could turn back time and change the events of that terrible night.”
In the letter, Joubouri says he has written his apology “over and over again for the past year” but has been “too embarrassed and ashamed to send it”.
“Please understand that I am not looking for sympathy nor am I trying to justify my actions that night,” he writes.
“I hope you will accept my apology and forgive me for what I have put your family through and I apologise to your son for all the pain and suffering I have put him through.
“I wish nothing but the best for your family.”
In the second letter, addressed to Judge Rauf Soulio, Joubouri says his actions have affected not only Mr Lindsley’s family but also his own.
“I have learned alot (sic) of life lessons and grown more mature during my time in prison,” he says.
“I have tried to make the most of this experience and take away as many positives as I can, as hard as that may be.
“I never dreamt that I would be in this situation, I didn’t plan the assualt (sic) and I never intended the damage that my actions created ... I am so remorseful and full of guilt.”
Mr Lister asked Joubouri be immediately released on parole, saying the time he had served was sufficient penalty for the offence.
Mr Lesses disagreed, saying Joubouri had a criminal history of “aggressive, macho behaviour” at licenced premises.
He said Joubouri had committed an offence of robbery hours before striking Mr Lindsley, and was “recreating with drugs” on Hindley St weeks after “the apparently traumatic stabbing”.
Judge Rauf Soulio remanded Joubouri in custody for sentencing next month.
Outside court, Mr Lindsley’s father, Doug, said watching the CCTV footage had been confronting.
“That was quite shattering ... your heart jumps out of your throat, the hairs on the back of your neck raise ... no one should have to go through that,” he said.
He said there was “no justification” for violent behaviour “regardless of the situation”.
“We now have a date for sentencing, we’re down to the nitty-gritties and at the end of the run,” he said.
“Let’s hope justice comes forward, and that (the sentence) shows a lot of people you can’t do this and get away with it.”