Andrew Stewart Mendelson, 54, avoids criminal conviction after ‘terrifying’ fake apprehension

A court has heard why a “furious” 54-year-old airconditioning worker zip-tied and manhandled his stepson’s Fortnite-playing house guest and pretended to police that the completely innocent victim was a burglar.

A “furious” 54-year-old airconditioning worker who zip-tied and manhandled his stepson’s Fortnite-playing house guest and pretended to police that the completely innocent victim was a burglar, has avoided a criminal conviction.

Former Alexandra Hills, now Durack man Andrew Stewart Mendelson, copped thousands in fines for putting his 24-year-old victim through what Cleveland Magistrates Court heard on Thursday was a “terrifying” experience.

With no criminal history to his name Mendelson pleaded guilty to one count each of assaults occasioning bodily harm and deprivation of liberty – unlawfully detaining or confining.

The court heard Mendelson brought a mate along for support to carry out his planned capture that left his 24-year-old victim bloodied, in pain and requiring four hours of hospital care.

According to prosecutors, the defendant was embroiled in a marriage break-up and living in the ground floor section of his co-owned Alexandra Hills property, while his stepson had agreed upon use of the upper storey.

The court heard Mendelson’s fury could not be contained after a long-time friend of his stepson was granted use of the upstairs section for five days.

At 3pm on September 18 Mendelson barged into his son’s first storey residence, put his unsuspecting victim in a headlock, tied his hands behind his back with plastic cuffs, also known as zip-ties, and forced him out of the residence by grabbing hold of his hair and his neck.

The victim, the court heard, was made to kneel down and had his head forced into concrete outside the property.

The man, who the court heard had no idea what was going on and had been playing Fortnite at the time, had his pleas for shortness of breath and water ignored while his mobile phone was tossed away by Mendelson.

Mendelson’s friend eventually called triple-zero when the defendant made to punch the tied up man, who was bleeding from the mouth.

Describing the offending as “extremely serious behaviour” a police prosecutor submitted that a fine or probation would be appropriate punishment, but shied away from asking for a criminal conviction.

Defence barrister Jim Vievers said his client, who works as a cost estimator for an airconditioning company, had not been thinking straight and had not dealt with the situation well while under considerable stress.

Mendelson walked away from Cleveland Magistrates Court with fines. (AAP Image/Richard Walker)

Mr Vievers submitted that Mendelson did not know his victim well and had thought the man a burglar, even going so far as to calling the police and reporting it as a break-in.

Five personal references were tendered on the defendant’s behalf, including from the man who accompanied him on the day.

The prosecution asked that “no weight” be given to the latter seeing as the man was party to the shocking event.

Claims of mistaken identity were roundly rejected by Magistrate Deborah Vasta.

Ms Vasta pointed out Mendelson’s stepson had known the victim since Grade 9 and had been observed by the defendant on numerous occasions at the property beforehand.

“I think part of this has to do with the hostility and the anger from the separation, and this victim seems to have been caught in the middle as a bit of a whipping boy,” Ms Vasta said.

Text messages from Mendelson’s phone read out to the court by the magistrate complained about the victim’s presence at the property four days prior to the apprehension, further putting waste to the confected scheme.

“That fury seems to have been building for a little while about the random people who were staying at the house where you still had some proprietary interest … and all the aggression that you unleashed on this victim, he did not deserve it, he had done nothing wrong,” Ms Vasta said.

“That is very out of control behaviour and I think he would have been terrified.”

Mendelson was fined $1000 and ordered to pay his victim $1,500 in compensation with no conviction recorded.

He was further placed on a two-year non-contact order with the man, other than to write him a letter of apology through police.