Martin Dale Pataczek sentenced for public nuisance

A Whitsundays man has been told there was ‘absolutely no excuse’ for his behaviour after he punched a mate’s brother and ‘threw’ a woman during a State of Origin match.

Martin Dale Pataczek faced Proserpine Magistrates Court on November 16, 2023.

A Whitsundays man has been told there was “absolutely no excuse” for his behaviour after he punched a mate’s brother and ‘threw’ a woman during a State of Origin match.

Proserpine Magistrates Court heard Martin Dale Pataczek, 37, had taken offence to “racist slurs” while watching the game at Jubilee Tavern in Jubilee Pocket on July 10.

Five minutes of CCTV footage, which was played before the court, showed the 37 year old grabbing another man, tackling him to the ground and repeatedly punching him in the face, before arguing with other patrons and punching another man in the face who fell to the ground and headbutted the concrete post behind him.

The builder also grabbed a female patron who tried to break up the fight and “threw her to the side”.

Prosecutor Lachlan Perry said this was the “highest standard degree of seriousness for public offence” and made a submission that Pataczek spend some time in custody.

Mr Perry also asked Magistrate Michelle Howard to consider Pataczek had repeatedly punched people and that this was his fourth public nuisance offence.

He said bystanders were simply trying to de-escalate the situation.

PD Law solicitor Peta Vernon said the CCTV footage did “look bad” but the first man Pataczek hit “was not without fault”.

“They were all at the Jubilee Tavern to socialise and watch State of Origin,” Ms Vernon said.

“(That) particular fellow for hours was making racist slurs.

“If an Indigenous person would come on the screen, he’d call out ‘nigga’, things like that.”

Ms Vernon said Pataczek also felt “threatened” by the other patron who were trying to tame him and he was “defending” himself at that point.

“She was pointing a finger at him, she was digging her nails into him,” Ms Vernon said about the woman Pataczek had pushed aside.

She also told the court Pataczek recognised his “inability to make good decisions” after drinking alcohol.

Ms Howard told Pataczek his behaviour was “appalling” and there were other ways to react to “people who annoy you”.

“You lashed out instead of acting in an appropriate manner,” she told him.

“There is absolutely no excuse.”

Pataczek pleaded guilty to being a public nuisance.

He was sentenced to six months jail with immediate parole and was banned from Jubilee Tavern for 12 months.

A conviction was recorded.