Ben Barba sentenced for public nuisance over Mackay Rabbit Hole incident
A former rugby league superstar has sensationally had an assault charge dropped by police after no evidence was offered in court.
Mackay
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A former NRL superstar turned local league player and part time scaffolder was told he needed to set an example by a magistrate following a drunken incident at a nightclub.
Ben Barba, 35, appeared in Mackay Magistrates Court to be sentenced for a push on a nightclub bouncer on July 7, 2024.
He was initially charged with common assault in a public place while adversely affected by an intoxicating substance, but after police offered no evidence, it was replaced with a charge of public nuisance.
Barba was at the Rabbit Hole nightclub in the early hours of the Sunday, he was asked to leave by a member of the venue’s security team around 3am.
The court heard Barba pushed the bouncer, who landed on his wrist.
He was then escorted from the premises by two staff members, with police outside arresting him on the street.
The court heard Barba, in addition to playing for the Mackay Souths Sharks, was working as a scaffolder earning $1200 a week.
He previously played for the Sarina Crocodiles and played rugby in France and the UK after he was banned from the NRL following a positive cocaine test in 2016.
Initially pleading not guilty to all charges — including assault — Barba pleaded guilty to public nuisance, failure to leave licensed premises and being removed from a licensed premises.
ATSILS solicitor Sarah Reid said her client is “a proud Torres Strait and Aboriginal man” and mentor to indigenous youth who was extremely remorseful for what happened.
“My client’s football career aside, he is a devoted family man,” Ms Reid said.
“He as four daughters aged 14, 12, ten and eight that he shares care with his ex partner.
“He is extremely passionate about giving back to the community.”
Mr Rees said Barba’s work with young kids was admirable.
“However in order to be a positive mentor you have to set a positive example,” Mr Rees said.
Mr Rees chose not to record convictions and fined Barba $967 for public nuisance, $774 for failure to leave and another $774 for being removed from a licensed premises.
“We all go out and have a drink … it’s clear on this evening that escalated,” Mr Rees said.
“You are the one who needs to address that behaviour.”
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