Tuggerah Super Centre brawl: Zak Merrell-Rose, Jonah Matai sentenced
Two men at the centre of a “vicious and violent” brawl which broke out in front of terrified shoppers at Tuggerah Super Centre have been sentenced.
Central Coast
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One man armed with a baseball bat involved in a violent brawl at Tuggerah had a “low level of intellectual functioning” while his co-accused had ADHD and was suffering depression after losing his father earlier this year, a court has heard.
Zak Adam Merrell-Rose, 20, of Blue Haven and Jonah Junior Garry Matai, 18, of Wyong, faced Wyong Local Court on Friday after pleading guilty to affray at an earlier appearance.
Merrell-Rose also pleaded guilty to being armed with intent and driving while suspended and failing to disclose the particulars of passengers in an unrelated incident on June 6.
Merrell-Rose’s solicitor Michelle Karim said he had a “low level of intellectual functioning” and while he was armed with a baseball bat “the weapon was not utilised in any physical violence”.
Ms Karim said Merrell-Rose lived with his parents and adult siblings and had just got a job at the Chocolate Factory at Gosford three days a week.
The court heard his co-accused Matai was diagnosed with ADHD and was suffering depression after the death of his father earlier this year.
An agreed statement of police facts states Merrell-Rose was captured on CCTV driving his black Toyota Celica along the rear service lane of Tuggerah Super Centre at 2.14pm on September 1 before doing a U-turn and stopping.
He, Matai and two other unknown males exited the car.
“The accused (Merrell-Rose) was wearing a white coloured shirt, black shorts, white thongs and carrying a long thin object which looks to be a baseball bat,” the facts state.
“The accused and co-accused’s are seen to chase the group of young persons who are on the grassed area. These young people immediately run away from them, along the service lane.”
A second vehicle, a blue Mitsubishi Lancer, drives into frame and it too does a U-turn and stops behind the black Celica.
“Over the next 15 minutes both vehicles are seen driving around the Super Center car park and surrounds in what police believe was a patrol for these young persons,” the facts state.
“The young persons retreated into the Super Centre and were moving as a group. They appeared scared and not willing to leave the centre when approached by centre staff.”
About 2.30pm the young persons were walking along the front of the Super Centre towards the automatic entry doors, which lead back into the centre were Service NSW and Fantastic Furniture are situated.
“At this time witnesses identified the accused driving the black Celica and talking on his mobile phone travelling along the car park driveway, running parallel to Bunnings Warehouse Tuggerah,” the facts state.
Merrell-Rose’s car is seen by witnesses to pull up and they get out.
“The accused is holding a glossy blue baseball bat with writing down the bat in his right hand,” the facts state.
The others get out with one young person armed with a black coloured machete.
“The young persons are captured on CCTV footage running in all directions towards the car park before they all turn and retreat into the automatic doors,” the facts state.
CCTV captures Matai with a tribal tattoo on his forearm.
“Jonah takes hold of an unknown person. They struggle with one another before Jonah throws a right closed fist upper cut hitting (the victim) in the jaw,” the facts state.
They break apart and the victim tries to kick Matai but he catches the victim’s foot and “lifts it in the air causing him to fall” before Matai lands on him and starts throwing punches at the victim’s head.
Another unknown man runs in and starts fighting a second victim.
The younger man with the machete runs into the shops followed by another unknown man and the group start punching and kicking the victim “around his head area”.
Eventually bystanders intervene and the Merrell-Rose, Matai and their co-accuseds get into their vehicles and flee.
Magistrate Caleb Franklin said this was a serious example of a “vicious and violent” affray.
“When you commit offences as serious as this you have to accept the consequences of your conduct,” he said.
He said while he accepted Merrell-Rose did not use the baseball bat he was “ready and willing to assist if required”.
The court heard Merrell-Rose had subsequently been charged with failing to give police the details of passengers after his car was captured in an unrelated incident on CCTV at a Coles Express service station on June 6.
Magistrate Franklin said when pressed by police Merrell-Rose said “I’m not a rat, I’m not saying anything else”.
Merrell-Rose was fined $440 for that offence, fined $660 and disqualified from driving for three months for driving while suspended and put on a community corrections order for 12 months for being armed with intent.
He was sentenced to nine months jail for the affray offence, to be served in the community on an intensive corrections order (ICO).
Matai was sentenced to 10 months jail for affray, also to be served as an ICO.