Andrew Patrick Thomas appears in Emerald Magistrates Court on August 30, 2022

A drunk father of three who latched onto the ear of a security guard with his teeth after being asked to leave a pub, later became involved in a wild street brawl.

The Maraboon Tavern Emerald.

A drunk father of three who latched onto the ear of a security guard with his teeth after being asked to leave a pub, later became involved in a wild street brawl and yelled racial slurs.

Andrew Patrick Thomas, 44, committed a string of offences over the course of a Saturday night and Sunday morning in Emerald in August this year.

He pleaded guilty to four offences in Emerald court on Tuesday, August 30, including one count each of fail to leave licensed premises and assault occasioning bodily harm in a public place while adversely affected by intoxicating substance and two counts of commit public nuisance within licensed premises or in the vicinity of licensed premises.

Police Prosecutor Sergeant Rachel Todd told the court that on August 6, Thomas was asked to leave the Maraboon Tavern in Emerald and refused.

“At around 11.25pm the security guard on duty at the time observed Thomas to be unsteady on his feet, argumentative, and slurring his words,” Sgt Todd said.

“He was approached by the security guard, who is the victim in this matter, and the victim has asked Mr Thomas to leave and the defendant has refused to leave.

“The security guard has then attempted to remove the defendant from the licensed premises and the defendant has leant over and bit the victim on the left ear.”

The court heard this caused the security guard instant pain and discomfort and he pushed Thomas, causing him to fall over.

Sgt Todd said the security guard tried to physically pick Thomas up off the floor to remove him from the venue, but Thomas started kicking out at him and hitting him in the leg.

“The defendant has continued to abuse the security guard, yelling loudly and calling him derogatory names,” she said.

The court heard Thomas eventually left and took a cab to The Irish Village Pub on Clermont Street – where he got into even more trouble.

Sgt Todd said that about 2am he left The Irish Village on foot and walked in the direction of Anakie Street where there was a large street brawl occurring between a group of First Nations people.

“The defendant has approached several of these people and started yelling that he was going to ‘punch the black out of them’ and he called them black c--ts,” Sgt Todd said.

“This has caused the First Nations people to become irate with the defendant, threatening to assault him.

“The defendant has then pulled his mobile phone out attempting to film these people before police intervened, and told him to leave the area.

“The defendant has started to walk away but has continued to yell abuse towards these people.

“Police have then, again, intervened, obtained the defendant’s details, before telling him to move on.”

On August 11 police contacted Thomas who then attended the Emerald Police Station voluntarily to speak about the matter.

In an interview with police, Thomas said he remembered being at the Maraboon Tavern and also on Anakie Street but couldn’t remember specific incidents as he had consumed a large amount of alcohol and his memory was hazy.

Roland Pinata, of Crossan Legal Emerald, represented Thomas and argued that while he understood the security guard bitten experienced “pain and discomfort instantaneously” from the assault, it didn’t leave a lasting wound or mark that would negatively impact the security guard’s health or life.

He said Thomas was willing to pay the security guard compensation.

Mr Pinata said Thomas was employed as a worksite supervisor, travelling from town to town, mainly through Queensland, but he often travelled interstate as well as working on shopping centres.

“He instructs at the time of the offences he had caught up with work colleagues that he hadn’t seen for several years, this was in the early hours of the Saturday and he consumed alcohol until later that evening,” he said.

“He was heavily intoxicated at the time of the offending and has little recollection … he has expressed extreme embarrassment for his conduct.

“He says he is ashamed of the words that he used towards the First Nations people.

“He instructs that his stepfather is an Aboriginal man and he helped him in his current occupation, to get him into the industry he’s in, has a lot of respect for him and he can’t believe that he said those words.

“He instructs that he’s not a heavy or regular drinker of alcohol, he hasn’t consumed any alcohol since this happened, and he has said to me in his own words that he has sworn off alcohol 100 per cent.”

Ms Gilbert described Thomas’ actions as “appalling.”

“You use absolutely disgusting language towards the other people involved (in the fight on Anakie Street),” she said.

“Again you claim no memory of it, but I hope Mr Thomas that it’s not an example of the drunk man speaking the sober man’s thoughts.

“I know Mr Pinata has told me that your stepfather is of First Nations heritage, and you hold him in good regard. No doubt he would have been appalled by your conduct.”

For the failing to leave licensed premises charge, Thomas was convicted and fined $150 but the conviction was not recorded.

For the assault charge, Thomas was ordered to perform 150 hours community service, to be performed within 12 months. He also must pay $500 compensation to the victim security guard.

Thomas was further fined a combined $650 for the two public nuisance offences, with no conviction recorded for either.

A banning order was also placed on Thomas that will prevent from going into any licensed venue in Emerald until January, 1 2023.