Andrew Winter: Batemans Bay pub employee charged with common assault

A south coast pub employee has found himself in court, after an attempt to stop a drunk patron from drink driving turned violent.

Andrew Winter was convicted and fined after pushing the drunk patron to the ground at the Bay View Hotel in Batemans Bay.

An employee at a Batemans Bay pub has been punished for trying to stop a drunk patron from drink driving by pushing him over, grabbing his clothes and holding him to the ground.

Andrew Winter, 47, appeared in Batemans Bay Local Court on Wednesday after being charged with common assault. The Catalina man had previously pleaded guilty to the charge.

Police documents tendered to the court reveal Winter, who works at the Bay View Hotel in Batemans Bay, was finishing his shift on June 22, this year, when the victim was drinking with a friend.

Winter knew the victim in the incident well, as he would regularly drink four to five beers at the pub before driving home.

The court heard Winter would tell him not to get behind the wheel, but the pleas to obey the law fell on deaf ears, as the man would anyway.

The constant interaction between the two led to a “distaste” between the pair, court document state.

During this incident however, Winter sat behind the man after his shift was over and it wasn’t long before the two started sharing rude remarks.

“[Winter] and the victim began making rude comments aimed at each other,” agreed facts state.

The decision to try and stop the drink driver saw Andrew Winter charged with common assault.

When the interaction concluded, the man leaned to his friend before drunkenly stating: “I’m going to go home, I’ve had enough of all the f**k wits today”.

The statement was overheard by Winter, who pushed the man off his stool onto the floor.

“[Winter] then used his hand to grip the victim’s jumper and drag him along the floor before lifting him up and pushing him back down to the ground, holding him down,” agreed facts state.

The “violent” exchange was defended by Winter’s lawyer Keely Boom in court, who said her client was stopping the man from drink driving.

“His motivation was to stop him from drink driving, which he sees the man do every week,” she said.

Andrew Winter faced Batemans Bay Local Court after trying to stop a man from leaving a pub drink driving.

The court documents continue to state bystanders pulled Winter off the man, with the man then leaving the bar. It is uncertain whether he drove away.

Five days after the incident, the victim visited the Batemans Bay Police Station where he gave a statement.

The following day, officers viewed CCTV footage of the offence, before visiting Winter and charging him with common assault.

Ms Boom said her client recognised there were better ways to stop the man from drink driving.

“He is remorseful and realises he has done the wrong thing,” she said.

Magistrate Doug Dick said while it was clear Winter had the right intentions, he agreed the pub employee went about it the wrong way.

“Sometimes we have to make decisions and sometimes, we don’t have a lot of time to consider whether these decisions will lead to consequences,” he said.

“Since you work at the pub and since [the victim] is a regular customer, you’re going to keep seeing him from time to time but it is important you do not react.”

Winter was convicted and fined $600 for the offence.