Chol Tong Yai: Thug jailed after bashing Melton kebab shop owner

A young man has been jailed after he brutally bashed a Melton kebab store owner — leaving him unable to eat for weeks — because he refused him a free drink.

A violent thug in Melbourne’s west has been jailed after a sickening attack on a kebab shop owner left him bleeding on the ground with a fractured skull, a court has heard.

Chol Tong Yai, from Caroline Springs, was jailed in the County Court earlier this month after pleading guilty to a charge of recklessly causing injury.

The court heard the 19-year-old attended Luv A Kebab takeaway store in Melton South with two friends on November 14 last year, where the trio became angry after the store’s owner refused to give them free drinks.

The 37-year-old owner chased them from the restaurant with a broom handle after copping verbal abuse and was “scared and shaking”.

About 30 minutes later Tong Yai returned to the store, punching the owner three times to the face.

He was again chased out of the restaurant by the owner but returned a few seconds later, knocking him to the ground and brutally punching and kicking his head and body.

“Both you and your companion ran from the store leaving the victim bleeding from his mouth, lips and nose area,” Judge Daniel Holding told the young man.

“He called the police and complained his face felt really sore. This was hardly surprising because after he was conveyed to Footscray Hospital he was diagnosed with multiple facial fractures.”

The owner of Luv A Kebabs in Melton south was left bleeding on the floor after he was bashed by Chol Tong Yai, 19, on November 14, 2020. Picture: Google Maps.

The court heard the victim was unable to return to work for a month after the attack and continued to suffer pain and trauma more than seven months later.

His lawyers sought to downplay Tong Yai’s moral culpability for the violence by saying he was intoxicated on cannabis and xanax at the time and did not remember the offending.

This was disregarded by Judge Holding who said the CCTV footage clearly showed he was alert and attentive during the ordeal.

He said the offending was aggravated by Tong Yai’s decision to return after 30 minutes to confront the Kebab store owner when he should have “cooled down”.

“I assess your moral culpability for this offending as serious, this was senseless violence perpetrated on a man that was just trying to do his job,” he said.

“It is imperative you learn to deal with your anger management problems.”

He was jailed for 287 days recognising time served and, once released, he will begin a 15 month community corrections order.

He was also ordered to undergo treatment for drug abuse and offending behaviour and ordered to complete 100 hours of community service.

“I hope the support and supervision provided under a community correction order helps you turn your life around,” Judge Holding told Tong Yai.