Retiree escapes conviction over assault sparked by communication breakdown

A RETIRED mechanic has lashed out at a Telstra store boss in an ugly argument over his phone and internet plan.

Old man angry at phone. Stock image from istock

A RETIRED mechanic lashed out at a Telstra store boss in an argument about miscommunication over his phone and internet plan when he signed up for the NBN in suburban Darwin.

Pensioner Frank Innocenzi, 63, who was using Telstra and Telco, had customer service reps from each agency getting their wires crossed about his new “basic” plan after he received a text about high data use.

Innocenzi pleaded guilty to assault causing harm to Telstra Casuarina floor manager Felix Schmidt. Darwin Magistrate Elizabeth Morris heard the defendant was frustrated when he went to the shop for the third time in three days and – after a “verbal exchange” – grabbed the victim by the shirt and shook him.

“You were being told one thing on the phone and another in the store ... most people would become frustrated,” she said. “But it’s no excuse for grabbing him by the shoulder area of the shirt.”

The court heard the victim did not give a victim impact statement.

Defence lawyer Peter Maley said the assault was “just over the threshold” of having caused harm in a legal sense. He said his client “hates going to Casuarina” and had been provoked by the victim, who prosecutors said considered Innocenzi a “difficult customer”.

Mr Maley said in his client’s long history in the workforce he had been a mechanic at the old AV Motors, worked for Power and Water and developed the NT Government vehicle auction system. The grandfather of six also helped establish Top End bowls clubs and is “passionate about orchids”, owning about 200.

“His mother was one of the first Italian immigrants to come to Australia,” Mr Maley said. Ms Morris said Innocenzi had never been in trouble before and fined him $650 without conviction.