Mark Nathan Heward in Coffs court for assaulting brother at Sawtell beach

The dispute spilt from the waves to a nearby carpark with a 44-year-old using his surfboard to damage his brother’s car and a bystander warned: ‘you saw f****** nothing’.

Brothers embroiled in a bitter family dispute crossed paths in the surf at Sawtell on March 19.

What unfolded landed one of them in Coffs Harbour Local Court on Wednesday, July 13.

Mark Nathan Heward, 44, pleaded guilty to common assault (domestic violence related) and destroy/damage property.

His lawyer Scott James told the court his client, who lives at Bundagen, “should have walked away” when he came across his brother Clinton that day and said his actions were “impulsive and foolish” but did not involve any prior planning.

Mr James also told the court there was some pushing and shoving from both sides but no injuries resulted from the dispute that day.

The court heard the brothers came across each other in the surf at Sawtell on the morning of March 19 and had an argument about the care of their father.

After the pair left the water they were both seen with raised fists, according to police facts, and Heward threw a few punches that did not connect.

Heward then left the beach and a short time later saw his brother’s car at the Sawtell RSL carpark which, according to police facts, ‘triggered him’ and he used his surfboard to damage the passenger side rear vision mirror.

The Sawtell RSL.

A witness later told police Heward was heard to say, but not directly to his brother: “I am going to kill the c***’.

Another witness who later came forward in relation to the damage to the car said Heward told him at the time “if you know what is good for you, you saw fucking nothing”.

Magistrate Ian Rodgers told the court this approach to a bystander was both “unnecessary and concerning”.

Mr James told the court his client had sought treatment for anger management issues and that he was embarrassed and remorseful and had written to his brother to apologise.

For the charge of common assault (domestic violence related) Heward was convicted and given a 12-month community corrections order and directed to continue treatment with a psychologist.

In relation to the destroy/damage property he was convicted and fined $770.