CCTV captures X-Factor star Isaiah Firebrace’s alleged DV attack: court

An X-Factor star has scored a major win in court after video of an alleged attack on his partner was played in court.

The alleged attack by X-Factor star and domestic violence advocate Isaiah Firebrace on his girlfriend has been captured on video, a court heard.

The 23-year-old singer appeared before Downing Centre Local Court on Wednesday after pleading not guilty to domestic-violence related common assault.

Police allege Mr Firebrace stomped and punched his partner, Stephanie Mendez, during a heated altercation in the gaming room at the Star Casino in August.

Lawyer Alex Istifan told the court footage of the incident captured on the casino’s CCTV “shined a very different light” on allegations made by police.

Isaiah Firebrace and Stephanie Mendez leaving court on Wednesday Picture: NCA NewsWire / Nikki Short

Lasting just 30 seconds, the video shows Mr Firebrace seated at one of the gaming machines when he appears to be slapped at two times by Mendez.

The footage shows him proceeding to swing his arm toward her before she hits him again on the back of the head. She is seen soon after walking away.

Crucially, Mr Istifan claimed the video failed to show Mr Firebrace allegedly punching Mendez, though the alleged “stomp” was not obscured.

Magistrate Clare Farnan told the court she agreed that the police version of events “did not entirely represent what is shown in the CCTV footage”.

“The facts say he started the altercation by stomping on her foot after which she slapped him on the face twice and hit him on the back of the head,” she said.

“After that, Mr Firebrace used her fist to punch her in the stomach. After watching the CCTV, I accept that is not the sort of blow being described.

“The incident in the CCTV does not show the significant violence that might be inferred from the facts... If it were proven, it would be non the lower end.”

The revelation comes as Mr Firebrace and his lawyer, Mr Istifan, relaunch their bid to have the charges dealt with under Section 14 of the Mental Health Act.

Mr Firebrace, left, and partner Stephanie Mendez were both charged after the incident. Picture: Instagram

Under the Act, a magistrate can determine someone will not receive a jail sentence or pay a fine if they are satisfied a person has a cognitive disability.

Ms Farnan agreed to have the matter dealt with under the Act after the court was told of Mr Firebrace’s “difficult upbringing” and alcohol treatment.

“A psychologist has identified in his report Mr Firebrace’s difficult upbringing and diagnosed him as suffering symptoms of PTSD,” she said.

“Mr Firebrace’s mental health impairment is one that is susceptible to treatment, though it did allow him to have a successful life and career to date.”

Under the conditions of the order, Mr Firebrace will be subject a 12-month mental health treatment plan in his native Melbourne.

He will also be barred from “approaching or contacting” Mendez within 12 hours of taking alcohol or drugs under a two-year Apprehended Violence Order.

The court was told both Mr Firebrace and Ms Mendez were charged with assault after the incident, but that Ms Mendez had received a Section 14 earlier this year.

Isaiah Firebrace, right, with partner Stephanie Mendez. Picture: Instagram

Last month, Ms Mendez pleaded guilty to the charge which related to allegations she twice slapped her partner of two years and hit him in the back of the head.

Documents tendered to court during her matters did not reveal what had sparked the preceding argument, but stated the pair had both been drinking that night.

Since the charges were laid, the pair have continued their relationship. In October, Mr Firebrace posted a picture of the couple which captioned: “perfect girl”.

Mendez, whose Tik Tok account features travel videos with Mr Firebrace, was also in court on Wednesday to support the former television contestant.

Mr Firebrace rose to prominence after winning the 2016 season of TV music contest X-Factor, before representing Australia at the 2017 Eurovision song contest.

The 23-year-old later joined prominent singers in recording a single dedicated to raising awareness of domestic violence, with all profits going to DVConnect.

In the intervening years, Mr Firebrace returned to TV in a bid to represent Australia at a subsequent Eurovision, and has released a number of singles.