Parramatta, General Bourke Hotel: Four men sentenced for assaulting police
A group of four churchgoing relatives who were charged after a policeman was assaulted at Parramatta’s General Bourke Hotel have fronted court for sentencing.
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A group of four churchgoing relatives who were charged after a policeman was assaulted at Parramatta’s General Bourke Hotel have fronted court for sentencing.
Brothers Esera and Zoran Rimoni and their cousins Victor Vitale and OJ Tusa pleaded guilty to more than 20 offences after the assault of the Acting Sergeant and resisting police on February 29.
The four, who work in construction together, refused to leave the Church St pub after they were ejected about 9pm.
The court heard that as some members of the group attempted to make others leave, Vitale and Tusa became more aggressive.
Vitale bear hugged an officer before punching an Acting Sergeant, causing him a fractured nose.
As cops attempted to restrain the man, Tusa and the Rimoni brothers had to be subdued with capsicum spray.
The group was granted strict conditional bail.
At Parramatta Local Court on Thursday, lawyer Steven Mercael told Magistrate Robyn Denes it was the first time the family had had a chance to enjoy a drink when the incident happened but many of them had excellent characters.
Victor Vitale
The Stanhope Gardens 29-year-old was charged after he grabbed a policeman from behind and gave him a bear hug, causing him to buckle. He then punched a Parramatta sergeant and fractured his nose.
The court played CCTV footage of the incident showing how he “was knocked out cold’’.
Mr Mercael told the court how his client, who pleaded guilty, showed remorse and wrote to the sergeant to apologise.
Police prosecutor Gradden told the court the injury was “more than trivial’’.
“And it’s the kind of behaviour that really does need to be deterred.’’
Ms Denes told Vitale his actions proved what happened when people got drunk.
“Everybody thinks their bullet proof when they drink,’’ she said.
However, she did take into account his remorse and credited him for writing to the policeman.
“I accept your remorse is genuine and your letter of apology is not just about you but about the police officer.’’
Vitale was sentenced to an 18-month community correction order and issued an $800 fine.
OJ Tusa
The 24-year-old Guildford man charged with offences including three counts of resisting an officer in the execution of duty.
The court heard Tusa jumped on to the bonnet of a police car before three cops were forced to use capsicum spray to handcuff him when he refused to release his grip.
Ms Denes told the court Tusa went from assisting police in trying to contain Vitale to becoming agitator.
“In a way you were adding to its escalation,’’ she said.
She reminded Tusa and the co-accused that they would not like to be abused just for turning up and doing their job like the police were doing that night.
Tusa was convicted and sentenced to a nine-month community correction order.
Zoran Rimoni
Whalan man Zoran Rimoni pleaded guilty to charges including and two counts of resisting police after he pushed a policeman and laughed before making fists as if he wanted to fight him.
Mr Mercael told the court the hardworking 22-year-old scaffolder did not have a criminal record, had an excellent character and was forced to stop studying for a teaching degree so he could support his family as the breadwinner after his father was involved in a hit-and-run incident.
Mr Mercael asked for no conviction because his client had a high chance of rehabilitation and wanted to eventually resume studying and secure a job as a teacher.
“This is a person who’s been part of his church community for a long time,’’ he said.
Ms Denes reprimanded Rimoni for laughing after pushing the policeman.
“How can pushing a police officer be a joke, even if you’re intoxicated? That shows you’re impaired but also a little immature,’’ she said.
“I accept you’re a person of good character, a churchgoer and active member of your community but your behaviour on this night is not that person.
“You can go to church every day but if you don’t walk the walk, so to speak, it’s meaningless.’’
He was sentenced to a nine-month community correction order.
Esera Rimoni
The Whalan 24-year-old pleaded guilty to charges including two counts of resisting police in the in the execution of duty.
He pleaded guilty and the court heard he was involved “a little bit less’’ than his brother Zoran, who was trying to control the group but landed in a garden bed at the hotel before being capsicum sprayed.
The court heard he yelled and swore at police. Ms Denes told him he would not be expected to be abused just for doing his job like.
Mr Mercael told the magistrate Rimoni had a letter of support from his employer and was active in the church community like his brother.
He was handed a 12-month community release order.