Dwayne Colin Heremaia has public nuisance charge dismissed over Surfers Paradise fight

A Gold Coast man charged over a wild fight in which he claimed self defence has had his charge thrown out in court - and was awarded costs of $1500. SEE THE VIDEO

A man charged by police over a Surfers Paradise fight in which he claimed to be protecting himself and his partner has had his charge dismissed - and was awarded $1500 in costs.

Dwayne Colin Heremaia was punched across the face by an unknown man in what he claimed was an unprovoked attack on Orchid Avenue in September last year.

The fracas was captured on CCTV which was played to Southport Magistrates Court on Thursday where Mr Heremaia was contesting a charge of public nuisance over the incident.

The footage captured around 9.30pm shows the male approach Mr Heremaia striking him across the face before the man walks inside a convenience store.

What appears to be Mr Heremaia and his partner follow the male into the store before a scuffle can be seen breaking out inside.

A few second later police can be seen running into the store to break-up the incident.

Police body worn camera footage of the altercation in Surfers Paradise on 23 September 2023. Picture: Supplied

What happens next was captured on Police body camera footage – that too was played to the court.

It shows arresting officer Constable Adam Courtney as he enters the convenience store, grabbing Mr Heremaia from behind and pulling him away from the scuffle and then outside.

“I’m good, I’m good,” a bloodied Heremaia can be heard telling the police officer as he is rolled onto his stomach and placed in hand cuffs.

“I’m not resisting bro it’s all good,” he tells the officer.

At this moment a woman, understood to be Mr Heremaia’s partner comes over and attempts to explain to the officer that the other male had started the altercation.

Bystanders can also be heard telling the officer the same thing.

Mr Heremaia is then led away to the police van where he was subsequently issued with a police banning notice and charged with public nuisance.

Police body worn camera footage of the altercation in Surfers Paradise on 23 September 2023. Picture: Supplied

The 41-year-old’s lawyer Nicole Conlan told the court her client had “no case” to answer for and argued her client was defending himself and his partner.

“We have the body-worn camera footage which captures the civilian witnesses further corroborating that,” Ms Conlan said.

“Mr Heremaia was the victim of an unprovoked assault.”

“That is then further corroborated by the independent CCTV which depicts exactly what occurred.”

The Queensland Police Service, argued Heremaia had engaged in a public nuisance offence by his involvement in the fight inside the convenience store.

“Once the defendant (Heremaia) is punched once by the male person, the male person walks into the store,” police prosecutor Blair Casey said.

“It is then the defendant then walks into the store and starts the fight along with the defendant’s girlfriend.

“(Heremaia) gets hold of him and starts throwing a number of punches.”

A Bloodied Mr Heremaia during his arrest at Surfers Paradise on 23 September 2023. Picture: Supplied

Acting Magistrate Sarah Thompson described the police case as “misconceived” and raised concerns about the evidence tendered.

“Significant reliance is placed upon the CCTV footage,” Ms Thompson said

“The footage is from a camera across the road in Orchid Ave at some distance.

“The fight inside the convenience store occurred through a glass shopfront window.”

Ms Thompson noted a number of witnesses to what occurred, however the police had not provided any statements to support their case.

The CCTV footage inside the convenience store was also not tendered, according to police, the camera were not working at the time.

“It is clear the altercation happens almost immediately after the initial assault,” Ms Thompson said.

“The footage and the version given by the defendant indicates that his partner was also assaulted. In my view there is not evidence, having regard to the totality of it, that I could convict the defendant.”

She dismissed the public nuisance charge against Mr Heremaia and order the Queensland Police Service pay him costs of $1500.