Jason James Filtness and Mark Anthony Fricke plead guilty to serious assault at Kuttabul Hotel

Two friends had been leaving the venue when the victim had called out ‘walk away fat boy’.

Two mates have pleaded guilty to serious assault of a man over 60 at the Kuttabul Hotel in January 2021.

Two mates who assaulted a 60-year-old man at a pub north of Mackay have a nervous wait after the sitting magistrate adjourned the case to think about the penalty.

Jason James Filtness and Mark Anthony Fricke had stopped in for a drink at the Kuttabul pub and noticed the victim behaving in an unusual and “manic” manner on January 11, 2021, Mackay Magistrates Court heard.

Defence solicitor Antoinette Morton, for Filtness, said her client had asked for the victim, who was a regular at the pub, to settle down.

The court heard the pair then left the pub and had gotten into a car when the victim, who was on the veranda, began laughing and talking loudly and said, “walk away fat boy”.

More stories:

Mum of three pushes to have trafficking penalty reduced

Driver faces up to 10 years jail if convicted over fatal

Filtness returned to the pub walking up one staircase, while Fricke walked up another staircase and remained about 1.5 metres away initially.

The court heard Filtness grabbed the victim, who was a smaller man, “at his neck and his shoulder and he pushed him back” with enough force he fell down, hitting his head.

Ms Morton said Filtness then walked away and added the CCTV of the incident did not reveal the verbal argument “but there was clearly a verbal altercation” as shown in the footage.

Ms Morton said her client instructed the victim began “goading” more physical contact, but he stayed away.

The court heard at this point a “threat was made” by the victim.

Defence solicitor Marcus Hahn, for Fricke, told the court the man said, “I’ll stab you.”

More stories:

Sex offender searches for private rental to make bail bid

Mackay property developer sues council in mega $42m lawsuit

The court heard Fricke accepted he did not see a knife, but he punched the man in the face.

This also caused the victim to fall over.

Filtness, 52, and Fricke, 46, both pleaded guilty to serious assault of a person over 60.

In relation to her client Ms Morton said one thing that set him apart from other cases of serous assault was his age.

“This is not a case of a young person taking advantage of an older person,” Ms Morton said.

To which Acting Magistrate Athol Kennedy said it was a bigger person taking on a smaller man.

Both Ms Morton and Mr Hahn argued their clients’ contact with the victim was not protracted.

“It’s not a concocted idea,” Mr Hahn said

“They didn’t act together. There’s a time difference between the two assaults.”

Subscriber benefits:

How to activate your free Courier-Mail subscription

How to get Daily Mercury news straight to your inbox

Your dose of Harry Bruce cartoons

Prosecutor Chelsea Pearson said both men had dated entries for assault on their criminal history, which showed the behaviour was “not out of character”, and submitted that jail was not a last resort.

The court heard Fricke had since successfully completed an anger management course and both men had written a letter of apology to the victim.

Acting Magistrate Athol Kennedy adjourned the sentence until June 14.

Originally published as Jason James Filtness and Mark Anthony Fricke plead guilty to serious assault at Kuttabul Hotel