Jack Maartensz guilty in Manly Warringah Cycling Club shopping trolley assault
A drunk man, who pushed a trolley into a pack of 40 cyclists on Sydney’s northern beaches, has given some advice to late-night partygoers after he was sentenced.
Manly
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A drunk man was described by a magistrate as “breathtakingly reckless” for pushing a shopping trolley into a group of 40 Sydney cyclists going at more than 40km/h, but was found not guilty of doing it on purpose.
However, Jack Maartensz, of Mona Vale, who had been on a 12-hour bender with three of his mates, was convicted of two serious assault charges because two of the riders were injured.
Manly Local Court had seen security camera footage that captured the moment the 26-year-old stonemason, ran on to Pittwater Rd at Dee Why on March 7 while pushing the trolley with a mate riding inside it.
The collision, outside the Caltex service station at 5.40am on a Saturday, brought down a number of riders from the Manly Warringah Cycling Club out on a ride to Palm Beach.
Maartensz, who had been drinking since 5pm the previous day and was described in court by one of the cyclists as a “drunken lout”, denied intentionally pushing the trolley into the peloton.
He said he was just giving Brad Riddington a ride and he lost control of the trolley as he tried to push it along the footpath.
Maartensz pleaded guilty to two counts of assault occasioning actual bodily harm and two counts of intentionally or recklessly destroy or damage property.
But he defended a charge of intentionally throw object at vehicle. Maartensz, who told the court he was “quite intoxicated” at the time, said he lost control of the trolley on the garage’s sloping driveway.
“We were mucking around with the trolley and it came out on the road,” he told the court in September.
“I tried to pull the trolley back, but the cyclists were there too quickly.”
Maartensz said he did not see or hear the pack of 40 cyclists coming before the trolley collided with them.
“It was not intentional,” he said.
Two riders were injured and two bicycles — each valued at more than $7000 — were badly damaged.
One of the injured riders, Chris Taylor, told the court he saw a man pushing a trolley over the bus lane towards the pack.
“He was head down, with the trolley and he was running at us,” Mr Taylor said.
“We were yelling ‘no, no, no,’. He just kept his head down and ploughed into us.”
Magistrate Michelle Goodwin said on Friday that it could not be proved beyond reasonable doubt that Maartensz intended to push the trolley into the cyclists.
Ms Goodwin found that Maartensz was intoxicated and found that he pushed the trolley “with force” into the cyclists.
“I find that the accused was breathtakingly reckless.”
But Ms Goodwin said recklessness was not proof of an intention to commit an offence and found Maartensz not guilty of the charge of intentionally throw object at vehicle.
On the two assault charges Mr Maartensz was sentenced to 12 months in jail, but will serve the time in the community as part of a supervised Intensive Corrections Order.
He was also ordered to pay a total of $14,961 in compensation for two wrecked bikes.
Outside court Maartensz apologised to the cyclists for his behaviour and said he was lucky no one was killed.
“I hope they can accept my apology, I really do.
When asked if people should be careful when on a big night out he said: “Don’t be stupid.
“It could have terrible consequences.
“I’m not a bad person, I’m not a malicious person at all. (The incident) was a stupid judgment.
“If I could take back what I did, I would.”