Kai Edward Albert Barba pleads guilty to pub assault

A fun karaoke night at a popular pub descended into violence when a father assaulted two mates, fracturing one man’s eye socket.

Kai Edward Albert Barba (right) pleads guilty to pub assault on November 4, 2022.

A fun night at a popular Mackay city pub descended into violence when a father assaulted two mates, fracturing one man’s eye socket, over loud cheering.

A number of patrons were gathered at the Palace Hotel on November 2, 2022 where a karaoke competition was under way when the incident broke out about 10.45pm.

Beau Cross had been making noises cheering on his friend when Kai Edward Albert Barba approached and said “what the f--k are you doing c--t?”

Mackay Magistrates Court heard Mr Cross told Barba he was making noise for his friend so she won the competition, which was determined by the loudest applause.

Barba told him “well don’t f--king do that, don’t be an idiot”.

Mr Cross walked away and Barba followed, and as a result Andrew Young tried to intervene and calm Barba down.

The court heard within five seconds of Young stepping in front of Barba, the latter punched him in the face, knocking him to the ground and continued walking after Mr Cross, and swung several punches at his head.

The court heard Mr Young’s eye socket was fractured as a result of the attack.

Prosecutor Lennon Stathoulis labelled the attack as “gratuitous violence” arguing the victim’s conduct “isn’t a reason to go knock him clean out”.

Barba, 37, pleaded guilty to assault occasioning bodily harm and common assault.

The court heard the force needed to fracture an eye socket was not particularly strong.

Magistrate Bronwyn Hartigan accepted Barba was of “exemplary character” and that there was some objective evidence as to why he initially approached the victim.

“There may have been some justification to go up to him and tell him to be quiet, what happened after that he shouldn’t have done what he did,” Ms Hartigan said.

The court heard the venue owner wrote a reference explaining that Mr Cross had been “acting in a disruptive way”.

Defence lawyer Philip Moore said his client was a family man with three children, was employed and involved in the community in “passing down official knowledge that his father has passed down to him”.

He said his client was involved in a lot of good work in giving back to the community.

“He has expressed his remorse to me and … to others,” Mr Moore said, adding his client had offered to pay up to $1500 to the two victims.

Barba was placed on a 12 months good behaviour bond and ordered to pay the compensation within two weeks. Convictions were not recorded.