Michael McGlinchey, Dean McGlinchey not guilty of pub rampage
A father and his son blazed a trail of destruction as they went from pub to pub starting fights. One punter was king hit from behind while another had a bar stool smashed over his head. But in court the pair were acquitted of all charges.
Manly
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A man was likely acting as an “automaton” as he and his ex-NRL prospect son hopped from pub to pub on Sydney’s northern beaches trying to start fights, a judge has ruled.
Michael McGlinchey has been acquitted of all charges relating to one “bizarre” Sunday afternoon in 2017, which ended with his son Dean McGlinchey smashing a stool over the head of a patron.
The McGlincheys have now both been found not guilty for the rampage of assaults on June 11, 2017, at hotels in Terrey Hills and Dee Why.
McGlinchey Snr, 59, pleaded not guilty to two assaults and one charge of wound with intent to cause grievous bodily harm arising from three incidents at the Terrey Hills Tavern, Belrose Hotel and Time and Tide Hotel.
Details of the police allegations read to the District Court revealed the unhinged acts of the duo, which included challenging random people to brawls, telling a bar manager they were an “AFP officer” and “UFC champion” and threatening to “shoot” one pubgoer.
The facts were not disputed by the father’s defence, who argued he had entered an “automaton” state without control of his actions due to an adverse “manic” side effect of antidepressant medication centilophram.
When McGlinchey Snr was interviewed by police he had only a “vague” recollection of the day’s events, the court heard.
During the trial Judge Ian McClintock heard from several psychiatric experts that such side effects were rare but possible, and could explain the abnormal behaviour.
Despite describing the facts of the case as “savage, unprovoked and seriously disturbing”, Judge McClintock said the prosecution had not proved beyond reasonable doubt McGlinchey Snr’s actions were “voluntary”.
“One of the main issues in this trial was one of voluntariness,” he said.
Two charges hinged on the Crown’s argument that the father and son were acting in a joint criminal enterprise, whereby they had agreed to go out that day and cause a fight.
Judge McClintock, however, ruled that McGlinchey Jnr’s “significant” mental health issues made it highly unlikely he would have been able to enter into any such agreement.
In his trial the court heard the former Canterbury Bulldogs reserve-grader had paranoid schizophrenia and was experiencing hallucinations at the time.
Judge McClintock said on Wednesday that the 28-year-old’s statements and actions showed he was “unconnected to the reality of the situation”.
McGlinchey Snr’s defence has entered a costs application, which will be heard next year.
WHAT HAPPENED
The facts alleged the two entered the Terrey Hills Hotel about 12pm, and approached two men watching the UFC before Dean McGlinchey challenged them to “go outside and fight”.
He pushed one man before the group hugged and made up, but the younger McGlinchey continued to provoke the men by flicking beer coasters at them.
After complaints were made the two were ordered to leave, with McGlinchey Jnr threatening the manager.
“You know this guy is an AFP officer … that’s against the law, you can’t do that,” the court heard he said. “I hope you know you’re dealing with a UFC champion.”
When they eventually left McGlinchey Snr urinated on a car parked outside.
Its owner, who took umbrage, was then king hit from behind by McGlinchey Jnr before his dad “slapped” another man across the face: “Do you want some Thai jujitsu,” he said.
At the Belrose Hotel they challenged several men to fights with Dean, then 26, saying to one man: “If you don’t go outside, I’ll go get my gun and come and shoot you.”
About 2pm at the Time and Tide Hotel they found a group of men sitting at a table, with the father kicking one man’s chair.
His son said “Let’s go to the car park, let’s fight”, but the man refused repeatedly.
McGlinchey Jnr then moved away and “forcefully” ran back with a bar stool, breaking it over the man’s face and knocking out his front tooth.
His injuries required plastic surgery.