Court told Lei Guo slapped Gouger St bubble tea employee over stress, not wage theft claims

It was the slap at a CBD bubble tea shop that caused a brawl and led to large protests about wage theft. Now lawyers have explained why this man did it.

A man who slapped a bubble tea worker, sparking a brawl and wage theft protests in Chinatown, knew nothing of the worker’s “grossly unfair” work conditions, a court has heard.

Instead the assault was caused by Lei Guo’s “stress” from running a vineyard as well as pressures at his building company, his lawyer has claimed.

Guo, 40, pleaded guilty to one count of assault over the incident on January 29 this year at the Funtea outlet on Gouger St.

On Friday, Martin Anders, for Guo, told Magistrate John Fahey he would use sentencing submissions to set the record straight about the incident.

He said his client’s only link to the business had been performing renovations before the store opened.

“The defendant did not know the complainant, there was no history between the two and to be crystal clear, because this matter has become a lightning rod for issues surrounding compromised wages, it had absolutely nothing to do with him,” he said.

“He was not aware on the basis of how the complainant was employed. He had no interest whatsoever in her contract of employment or the venue and its operations.

“His only connection was performing renovations, he did not have any ownership of the venue or interest in its staff. I want to emphasis that.”

An image from the video showing the assault and ensuing brawl at a Gouger St bubble tea shop.

An image from the video showing the assault and ensuing brawl at a Gouger St bubble tea shop.

Mr Anders said the assault was a result of a misunderstanding but conceded his client had acted “appallingly” by slapping the 20-year-old woman.

“He went to the venue on the night in question aware that they receive books for the use of patrons,” he said.

“He has two young children and they had books which were able to be given.

“He was aware of that and confirmed that with the owner, who said ‘thank you for the books and compliments of the house, try some new desserts’.

“He attends at the venue in those circumstances accompanied by his two young children.”

Prior to that evening Mr Anders said a “veil of stress” had fallen on his client as a result of issues at work and the pressure of managing a vineyard in the Barossa Valley.

Lei Guo, outside Adelaide Magistrate's Court, pleaded guilty to slapping an employee at Funtea bubble tea store on Gouger St. Picture: NCA NewsWire / Dean Martin

Mr Fahey heard the victim, employed as a waiter at the venue, had already had a difficult evening and was “abrupt and rude” in her manner towards Guo and his family.

“It would turn out the terms of her employment were grossly unfair,” Mr Anders said.

“She became vocally critical of the defendant and his wife but that was largely a result of confusion.

“He took his seat with his family, the defendant then observed the (victim) having an angry and aggressive conversation with the owner, which he misinterpreted as being about him and his wife.

“He approaches and under the false impression that the owner was arguing about him and his wife he acted appallingly – he slapped her face.”

Damage to the roller door at Funtea bubble tea shop on Gouger St, in the days after the wage theft protests. Picture: Naomi Jellicoe

The slap did not injure the worker but resulted in a melee in which furniture was launched across the venue.

Guo successfully negotiated with prosecutors to keep the assault charge limited to the slap alone and not the ensuing brawl.

Mr Anders asked the court to consider not imposing a conviction on Guo, which would affect his ability to continue his firearms licence and perform activities at his children’s school.

He presented 34 letters of reference to the court from both present and former employees of his company as well as other members of the community.

The assault on the young worker sparked outrage across both Chinatown and the state’s retail and hospitality industries.

Workers marched through Chinatown to protest the exploitation of workers in the hospitality industry.

Fun Tea itself was broken into and vandalised in the aftermath of the incident.

Guo will be sentenced next week.