‘Dumb c--t’ not an insult, magistrate says in footy player assault case

Calling someone a ’dumb c--t” isn’t necessarily an insult, according to a Brisbane magistrate in an assault case involving a rugby league player in Brisbane.

Trevor Monaei leaves Brisbane Magistrates Court after sentencing. Picture: NewsWire / Glenn Campbell

Calling someone a “dumb c**t” isn’t necessarily an insult, a Brisbane magistrate has confirmed in a case involving a talented rugby league player who used “gratuitous drunken violence” on a stranger who told him to get off the train tracks, calling him a “dumb c**t” in the process.

Trevor Monaei, who plays in the Brisbane Rugby League for the Wynnum-Manly Seagulls, pleaded guilty on Tuesday to assault occasioning bodily harm, demanding property with menaces and endangering the safety of persons travelling by railway.

Brisbane Magistrate Court heard an intoxicated Monaei, then 24, was returning home about 4am in November 2022 from a bucks party when he alighted at Northgate Station in Brisbane’s north and jumped down onto the train tracks.

The DPPs Sophie Hill said the victim was on the platform when he saw Monaei on the tracks and shouted for him to get off and swore at him.

Monaei climbed back onto the platform and confronted the victim threatening to take his bag and “forcefully tried to push him over the edge towards the train tracks”.

The 25-year-old victim resisted the pushes and continued to walk away with Monaei punching him in the face.

The victim was pushed against a fence and used his right arm, which was already in a sling, to stop himself from falling and felt a “popping sensation” in his shoulder.

Monaei then walked off back onto the tracks.

Ms Hill said Monaei pushing the victim towards the tracks was an aggravating feature of the case.

“That would have been particularly terrifying,” she said.

“Understandably, the complainant has suffered greatly following his assault, with it impacting various facets of his life.”

The court heard the DPP had dropped charges of grievous bodily harm, common assault and endangering the safe use of vehicles and related transport infrastructure.

Magistrate Jacqui Payne. Picture: ABC

Lawyer Patrick Horgan, of Horgan Criminal Lawyers, said his client engaged in community work through the Seventh Day Adventist Church and had “tried to implement a number of things not only in his personal life but in his community to help with his contrition towards the matter”.

Mr Horgan said Monaei had stopped drinking due to the incident and was shaken when taken through the victim’s impact statement.

He noted when the victim called out to his client, who works in the banking sector, it did involve an insult.

Magistrate Jacqui Payne said she wouldn’t place much weight on it.

“I know it’s an insult but young people say you’re a dumb c**t, they don’t mean you’re a dumb c**t,” Ms Payne said.

“I just took that as … just how young people talk.

“Your client’s drunk on the tracks, the young fella sees him says ‘hey don’t be a dumb c**t get off the tracks’.”

She said the victim had acknowledged his choice of words was unfortunate but he was only worried about Monaei.

Ms Payne said the victim had suffered from his injuries and also experienced anxiety.

“The assault can quite properly be referred to as gratuitous drunken violence,” she said.

However she noted Monaei had no previous criminal history and accepted it was out of character behaviour.

A reference spoke of his community outreach and mentoring of young rugby league players.

Monaei was fined $500 and ordered to pay the victim $1500 in compensation.

No convictions were recorded.