Dr Peter Giradi, Anthony Ludlow, Margot Diviny in Bellevue Hill scuffle
The bushfires were raging, the drought was searing and in a leafy street of Bellevue Hill, tempers were flaring as neighbours got into a bloody fight over the use of a garden hose.
Wentworth Courier
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A top doctor who specialises in boob jobs had his charges of assault dismissed after getting into a fight with his “very aggressive, very pompous” neighbours over his use of a garden hose.
Dr Peter Anthony Giradi was accused of spraying his Bellevue Hill neighbour Margot Diviny with the hose and purposefully pushing her to the ground before “king hitting” her husband Anthony Ludlow.
Magistrate Michael Barko dismissed the charges of assault and assault occasioning actual bodily harm following a hearing at Downing Centre Local Court on Wednesday.
In dismissing the charges, Magistrate Barko said he didn’t know what the truth of the matter was given the contradictory stories and lack of other witnesses.
The court heard Dr Giradi maintains he was lawfully hosing down his pathway after 11pm on December 20 last year as he had special dispensation around water usage given in the development application granted on his then under construction home.
The incident occurred during the height of the bushfire and drought crisis.
This caught the attention of Mr Ludlow, who had gone outside for a late night cigarette, and who Mr Giradi’s solicitor Hament Dhanji told the court yelled at his client to “turn off the water you f***ing c***”.
Mr Ludlow denied making the statement and instead said he had yelled out “Oi”.
Mr Dhanji said Mr Ludlow told Dr Giradi, who had not yet moved in to his new home, he had lived on O’Sullivan Rd for 15 years and the building works had been disrupting his son who was studying for his HSC.
Mr Ludlow said this conversation took place after, not prior to the scuffle.
Mr Dhanji said Mr Ludlow also told his client to “f*** off back to Tamworth” – the location of one of his breast augmentation practices.
Mr Ludlow said he did not use this language.
“Can I suggest in fact what happened was outside Dr Giradi’s house you grabbed the hose, you grabbed at him, you swung your fists and you scuffled,” Mr Dhanji said when cross examining Mr Ludlow.
Mr Ludlow strongly denied the suggestion.
The court was told after escaping the fray, which saw Ms Diviny fall to the ground and Mr Ludlow receive a bloody nose, Mr Giradi hosed down the couple and told them to “go home, you’re drunk”.
The prosecution outlined a very different version of events to the court.
Mr Ludlow took the stand and said his wife was pushed to the ground after she reiterated her husband’s request for the hosing to cease.
“As I was watching her fall he turned around and king hit me,” Mr Ludlow said.
“Literally, there were stars and I was on the ground.
“My nose started to bleed fairly spectacularly.”
The couple gave evidence they had consumed about two glasses of wine each but were not drunk.
In handing down his decision, Magistrate Barko said he took into account factors including the lack of independent witnesses and absence of CCTV footage when determining whether the charges could be proven beyond reasonable doubt.
“In this case there’s a real dichotomy – it’s chalk and cheese of what is alleged to have occurred,” Magistrate Barko said.
Magistrate Barko read out excerpts from Dr Giradi’s police statement when handing down his decision.
“He felt he was under siege by two middle aged people. He said it was surreal,” Magistrate Barko said.
In the statement, where Dr Giradi described his neighbours as being “very aggressive and very pompous”, he noted he was of significantly smaller stature than Mr Ludlow who he describes as “quite a big unit”.
Dr Giradi also said while he saw Ms Diviny on the ground, if he did make contact with her it was as he was “fending her off” as she “lunged” at him.
“I was s****ing bricks. I thought he was going to clobber me one,” he told police.
Magistrate Barko said: “I just don’t know what the truth of the matter is, that’s the point.”
“I’m not satisfied there was a deliberate reckless punch to the nose,” Magistrate Barko said.
“I’m also not factually satisfied the defendant moved toward Ms Diviny with two open hands and pushed her.”