Hector Ata Erdemsel avoids jail after assaulting Kellie Finlayson’s younger brother, Jake Gardner outside Port Lincoln pub

A former military soldier who shockingly dropped Kellie Finlayson’s younger brother like a “poleaxed cow” has been slammed by a magistrate.

Kellie Finlayson (left), her brother Jake Gardner (pictured centre) and Hector Ata Erdemsel (right).

A former military soldier who dropped Kellie Finlayson’s younger brother like a “poleaxed cow” has been slammed by a magistrate.

Hector Ata Erdemsel, 25, celebrated outside court after he avoided jail for the “disturbing” attack on Jake Gardner outside a Port Lincoln pub.

A victim impact statement was read to the Adelaide Magistrates Court on Tuesday by the prosecutor.

“That day remains etched in my memory, not just as a physical attack but as a profound violation of my sense of safety and wellbeing,” Mr Gardner said.

Mr Gardner said he now suffers from panic attacks and his injuries have impacted his ability to work as a carpenter.

“Since the assault I have been partially blind in my right eye due to the impact of the hit,” he said.

“The vibrant 26 year old I once was has been replaced by someone constantly on guard and struggling to find joy in life.”

Hector Erdemsel celebrates with a supporter outside court. Picture: Russell Millard Photography

Hector Erdemsel was handed a suspended sentence for assault causing harm. Picture: Russell Millard Photography

The court heard Mr Gardner was with his girlfriend and some friends outside the Pier Hotel on Tasman Tce about 8.45pm on January 4.

Erdemsel and his co-accused Victor Cassano got out of a car and approached the group.

“He (Mr Gardner) remembers getting hit by one of the males, the victim then blacked out and woke up lying flat on his back on the footpath,” the prosecutor said.

He was rushed to hospital with non-life threatening injuries, including a cut to his eye and a large lump on his head.

The court heard Erdemsel had been out with friends and Mr Gardner’s group had allegedly been aggressive towards them and made derogatory remarks, including about his French background. Picture: 7NEWS

The court heard Erdemsel said he had been out with friends and Mr Gardner’s group had allegedly been aggressive towards them and made derogatory remarks, including about his French background.

The court heard they got into a car and drove off but Mr Gardner allegedly shouted abuse at the car as it drove by, which is why they stopped.

Mr Gardner is the younger brother of Kellie, who is married to AFL star Jeremy Finlayson.

Erdemsel pleaded guilty to assault causing harm.

Jake Gardner was the victim of the assault. Picture: File

Hector Erdemsel outside court on Tuesday. Picture: Russell Millard Photography

Cassano, 25, who kicked Mr Gardner in the backside multiple times during the attack, pleaded guilty to assault in April.

He was sentenced to a $600, three year good behaviour bond.

Jo Smith, for Erdemsel, told the court her client was born in France and joined the French navy at age 15.

“His arms were grabbed (during the assault), with his (military) training he’s very quick to react,” she said.

“He felt under threat at that time, he understands he reacted very excessively.”

Ms Smith said her client didn’t use full force during the assault and was shocked to realise Mr Gardner had been knocked out.

“He dropped the bloke like a poleaxed cow,” Magistrate Brian Nitschke replied.

The court heard Erdemsel moved to Australia two years ago and was currently working as a hairdresser.

Mr Nitschke said Erdemsel would have been well aware with his specialist military training, including in commando operations, the damage a blow to the head could do.

“What is captured of your assault on this man is disturbing and shocking,” he said.

Erdemsel was sentenced to four months and one week jail, which was suspended on a $1500, 15 month good behaviour bond, due to his lack of criminal history.

Originally published as Hector Ata Erdemsel avoids jail after assaulting Kellie Finlayson’s younger brother, Jake Gardner outside Port Lincoln pub