Former boxer Kerry Foley charged over ‘moshing’ incident at Label in Brookvale

A former professional boxer allegedly knocked a man unconscious for nine minutes, causing his hospitalisation, while “moshing” at a concert on Sydney’s northern beaches.

Former boxer Kerry Foley in 2018. Picture: Adam Yip

A former professional boxer has been accused of knocking a man unconscious for nearly 10 minutes while dancing in the mosh pit at a heavy metal concert on Sydney’s northern beaches.

Dee Why man Kerry Foley, 36, faced Downing Centre Local Court on Thursday, charged with reckless grievous bodily harm and assault occasioning actual bodily harm. He is yet to enter pleas.

The former super middleweight, who fought in 25 professional bouts, is accused of attacking a man at Label in Brookvale on March 9.

During a bail review, Foley’s lawyer said the alleged offending occurred when the two men were dancing, or “moshing”, during a performance by a heavy metal cover band about 9.15pm.

The lawyer said Foley intended to fight the charges and his trial would focus on “whether or not the complainant fell”, with the prosecution case depending “very heavily on the interpretation of CCTV”.

Kerry Foley leaves Downing Centre Local Court.

Kerry Foley outside court on Thursday.

“The issue is if the Crown can establish whether it was a deliberately reckless act, done without consent, while having engaged in a period of physical moshing at a heavy metal concert,” he said.

A police prosecutor told the court there was “a strong prosecution case”, with independent witnesses giving statements and CCTV footage available as evidence.

“This is serious, alcohol-fuelled violence occurring in the public at night-time,” she said.

“The complainant was rendered unconscious for nine minutes and then remained in hospital for nine days, and is continuously suffering from the alleged assault.”

Kerry Foley, pictured in 2018. Picture: Adam Yip

Seeking to have Foley’s curfew lifted from his bail conditions, his lawyer argued the restriction was “unnecessary and disproportionate”, saying it limited his earning potential to provide for his family.

But the prosecutor said the curfew was necessary to prevent Foley, who had a history of violence, including a conviction from 2019, committing offences.

“He’s an ex-boxer, so there’s no denying by virtue of his career he has strong community ties,” she said.

The alleged attack occurred in a mosh pit.

“But he does not have an unblemished record.

“There is a record with a pattern of personal violence entries from 2010, 2012 and 2019.”

She added that the prosecution was concerned that Foley had a “propensity for violence” when he drank alcohol at night.

Magistrate Greg Grogin ultimately chose to keep the curfew condition in place, deeming it a necessary term of Foley’s bail.

Foley is due to return to court on January 16.