Jury finds brothers guilty in golf clubs assault

A JURY has found Mackay brothers Blair and Joel Zemek guilty of assault causing bodily harm, while armed and in company, to a man in a business workshed.

A JURY has found Mackay brothers Blair and Joel Zemek guilty of assault causing bodily harm, while armed and in company, to Andrew Turner in a business workshed.

The District Court jury verdict, reached by eight men and four women, was handed down yesterday afternoon just hours after the panel began deliberation of the evidence following a week-long trial.

During the trial a third brother Lyle Zemek was found not guilty of the same offence after an aspect of his identification became an issue of concern in the Crown case.

Judge Kiernan Dorney directed the jury to formally find him not guilty.

In evidence before the court Mr Turner alleged the brothers struck him with golf clubs after they turned up at his workplace Halliwell Fabrications.

He said one of them also kicked him in the head while wearing a pair of steel-cap boots.

At the time Mr Turner was said to be lying prone on the shed floor when his head had been pulled up off the floor allowing him to be struck.

However, both Blair and Joel denied physically striking him with either golf clubs or steel cap boots.

But a later search by police of a Zemek family home located a pair of boots. A forensic test revealed that a blood stain on a boot matched the DNA of Mr Turner.

It was not revealed who the pair of boots belonged to but Blair denied the boots were his, saying he wore thongs to his former workplace that day.

Last night Joel remained in custody and Blair's conditional bail was continued.

Judge Dorney will sentence both Blair and Joel Zemek on Friday.

Originally published as Jury finds brothers guilty in golf clubs assault