Albury pub worker throws man head first into concrete, escapes conviction

An Albury magistrate has told a pub worker he could have killed the patron he kicked out.

A pub staff member has escaped conviction after slamming a patron into the concrete out the front of Albury Beer Deluxe.

A magistrate has slammed a staff member at an Albury pub for throwing out a patron head first into concrete saying “this is how people end up dead on the streets”.

Beer Deluxe staffer Zak Gardiner, 31, pleaded guilty to assault occasioning actual bodily harm at Albury Local Court on Monday.

He was charged after video footage emerged of Mr Gardiner dropping the patron onto the concrete on his head while trying to remove the man from the venue.

The court heard Mr Gardiner’s victim, Deng Chol, arrived at Beer Deluxe with a group of friends about 10pm on April 24, 2021.

A short time later, security staff asked one of Mr Chol’s friends to leave. Mr Chol then became argumentative and aggressive.

Mr Chol was then asked to leave as well, and after telling staff he wasn’t moving, was dragged out with a staff member on each arm.

The documents showed Mr Chol continued to argue out the front of the venue, and had to be restrained on the ground.

Mr Gardiner then tried to pull Mr Chol off the ground, telling him “I’m trying to get you up mate”.

He pulled Mr Chol off the ground by the back of his shirt, but Mr Chol failed to put his feet on the ground, and fell head first into the concrete.

Mr Chol sustained two gashes to his head and a chipped tooth.

Mr Gardiner’s defence solictior Mark Cronin said the victim was “light” and had just “gone over” when his client tried to pull him off the ground.

Mr Cronin said his client had been working in the industry for 12 years, and had never been involved in any similar incidents.

“He (Mr Gardiner) had no intention to cause injury, his intention was to get him up and to move on,” Mr Cronin told the court.

But magistrate Richard Funston said the incident could have ended badly.

“I’m not sentencing him on what could have been a much more serious offence, but it has all the ingredients,” Mr Funston said.

“It’s the making of how people end up dead on the street.

“I’m taking into account you’ve never been in trouble before, and you’ve pleaded guilty.”

Mr Funston sentenced Mr Gardiner to a 12 months’ good behaviour, with no conviction.

In a separate hearing in the same court in front of Mr Funston, Mr Chol, 37, pleaded guilty to assault occasioning actual bodily harm, and excluded person not leaving premises.

The court heard after Mr Chol had landed on his head, he got back up, and attempted to enter Beer Deluxe once again before being stopped by security.

Mr Chol began swinging punches at his victim, another Beer Deluxe staff member, striking him on the left side of his mouth and causing it to bleed.

Mr Chol’s defence solicitor Sascha McCorriston said her client had no memory of his behaviour but was “quite upset about his actions” after viewing CCTV footage.

Ms McCorreston said Mr Chol, who works at an abattoir, had only been convicted of one other matter in Tasmania in 2017.

Magistrate Funston said he wanted to treat both people involved in the incident the same way.

“I’m going to give you a chance,” Mr Funston said.

“Whatever went on that evening, everyone behaved appallingly and clearly alcohol was a factor.”

Mr Chol was sentenced to 12 months’ good behaviour with no conviction.

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