Six-month jail term wholly suspended for Jason James Filtness and Mark Anthony Fricke over Kuttabul pub assault

A magistrate ripped into the pair over the assault as he dealt out matching penalties.

Janessa Ekert

@JanessaEkert

2 min read

June 23, 2021 - 5:00AM

Two men have been jailed for six months over an assault at a poplar pub north of Mackay.

Police & Courts

Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.

A magistrate ripped into two mates for attacking a 60-year-old man at a pub north of Mackay as he dealt out matching jail terms to the pair.

Jason James Filtness and Mark Anthony Fricke had stopped in for a drink at the Kuttabul Hotel and took exception to how another patron was acting.

Mackay Magistrates Court heard the victim had been talking to a waitress about fishing and was speaking very fast, laughing and allegedly acting in a “manic” manner.

Acting Magistrate Athol Kennedy, in sentencing the two men, asked them, “What is that to you? You’re in a pub.”

The court heard Filtness, 52, and Fricke, 46, both left and got in a vehicle, but got out of the car when the victim allegedly said “walk away fat boy”.

“Why?” Mr Kennedy queried.

The pair walked back to the verandah where the victim was standing – each via a different set of steps – Filtness grabbed him at his neck and shoulder and pushed him with enough force he fell over, hitting his head.

“We know … that one punch can kill,” Mr Kennedy said.

The court heard Filtness walked away and it is alleged the victim threatened, “I’ll stab you”, but no knife was visible.

At this point Fricke punched the man in the face, causing him to fall over.

Mr Kennedy said he was “staggered” by the behaviour of the two men against the victim over a “perceived or imagined” slight after the victim allegedly said “walk away fat boy”.

Mum of six sold drugs because she was ‘strapped for cash’

“Who the hell cares,” Mr Kennedy said.

“You picked on a man having a quiet drink.”

In an impact statement tendered in court the victim wrote how he used to enjoy going to the Kuttabul Hotel, but not since the attack.

“You stopped him going to his pub … for no reason,” Mr Kennedy said.

“I think there is real harm.

“You assaulted a man for no good reason. It cannot be said to have been provoked.”

Both men were jailed for six months, wholly suspended for 18 months, and must comply with a 12-month ban from the Kuttabul Hotel.

Filtness and Fricke must also each pay $800 compensation.

Subscriber benefits:

How to activate your free Courier-Mail subscription

How to get Daily Mercury news straight to your inbox