Shay Desmond Cheney charged with assault after tomato on kebab row

A man with tragedy in his past has found himself in trouble for an assault over unwanted tomato on a kebab.

Mackay Magistrates Court heard three man assault the own of Tropic Kebabs in Airlie Beach because one of them had ordered a kebab without tomato and received it containing the fruit.

A Queensland man has found himself in trouble for an assault over unwanted tomato on a kebab.

The incident occurred in late 2023 when 18-year-old Shay Desmond Cheney had been with two other people on a night out in Airlie Beach.

Mackay Magistrates Court heard it was about 3.10am on October 29, 2023 and one of the other men, who were both in their 30s, had ordered a kebab without tomato from Tropic Kebabs – and had “become upset” when he received his late night snack containing the offending fruit.

Prosecutor sergeant Linden Pollard said all three returned to the store with the others allegedly blocking the owner’s exit and Cheney leaving over the counter, encouraging the confrontation.

The co-accused who ordered the kebab became aggressive and argumentative despite the kebab shop owner’s attempts to diffuse the situation by processing a refund and offering the trio free bottles of water.

The court heard the victim refused to make another kebab because he was about to close the shop.

About 3.15am when the victim was attempted to close the sliding doors while ignoring the trio when he was allegedly attacked.

The court heard Cheney’s only involvement was pushing the 57-year-old once in the right shoulder once.

He pleaded guilty to one count of common assault. The court heard he knew his co-accused.

Norman Desmond Cheney

The court heard Cheney, now 19, had a rough start to life including his father, Norman Desmond Cheney, being murdered in December 2010 – his body was uncovered during the 2011 Brisbane floods.

The court heard the 41-year-old had been lured into the bush and killed.

In December 2013 a supreme court jury found Anthony Charles Oliver guilty of the “brutal” murder and he was jailed for life. The court heard he remained behind bars.

Two others were also sentenced for covering up the crime.

His mother had taken her own life after Oliver’s trial.

Cheney’s solicitor told the court his client had worked since leaving school in year 10, where he excelled in long distance running and soccer, and had become a productive member of the community.

The court heard in hindsight Cheney realised he should have intervened that night.

Magistrate Michelle Howard accepted his co-accused were older and one was quite a bit larger than Cheney, noting he was slight and “not particularly tall”.

She accepted it happened in the context of alcohol but said that was “not an excuse”.

Ultimately Cheney, who has no criminal history and lived in the Sunshine Coast region, was placed on a six month good behaviour bond and a conviction was not recorded.