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Toowoomba man Brendon Eather breaks busker’s eye socket on violent night out

A Toowoomba man assaulted two people in unprovoked and unrelated circumstances while on a drunken night out, days after he was kicked out of his own birthday party for attacking a guest.

Picture: FILE / Toowoomba police in the CBD
Picture: FILE / Toowoomba police in the CBD

A young Toowoomba man prone to launching into violent and seemingly random attacks while drinking has walked free from court after pleading guilty to three separate assaults.

When the 20-year-old, Brendon Joshua Eather, pleaded guilty to the crimes before a Toowoomba Magistrate on July 30, the court was told the first assault occurred on his birthday outside a Darling Heights home.

Police prosecutor Chris Willson said at 4am on October 21, Eather approached a guest who was attempting to leave his birthday celebration.

“He began to taunt as well as push (the man) in the chest,” he said.

“(The victim) walked away and returned to his vehicle, the defendant has followed and proceeded to punch the windscreen of the vehicle multiple times causing it to crack.”

Eather said he was angry with the man because he attempted to drink drive.

Toowoomba man Brendon Eather, 20, placed on two year probation order following multiple violent assaults.
Toowoomba man Brendon Eather, 20, placed on two year probation order following multiple violent assaults.

The following month another incident occurred when the pair ran into each other while in line at the Cube Nightclub in Toowoomba.

After a short discussion about whether or not Eather would pay for damages caused to the man’s car, Senior Constable Wilson said without provocation Eather punched and headbutted the man in the face.

“A female friend (of the victim) has had to put herself between (the pair) to prevent further assault,” he said.

When leaving the Tatts Hotel in the early hours of the following morning, Senior Constable Willson said Eather “randomly” approached a busker on the street before punching him man twice in the face, fracturing his eye socket and bruising both eyes.

“Initially (he) tried to run but was apprehended by security,” he said.

“Security provided first aid to the complainant.”

Picture: FILE / Toowoomba police in the CBD
Picture: FILE / Toowoomba police in the CBD

Senior Constable Willson said the busker was a 52-year-old disability pensioner who regularly played on Margaret St on weekends.

Eather told his lawyer that earlier in the night the busker allegedly called him a “black c--t”.

Both assaults were captured on CCTV.

When Eather was processed at the watch-house, he recorded a blood alcohol reading of 0.129.

When he later made admissions to police he did not justify his actions and said he had since sought help for his anger and drinking problems.

Despite Eather having no criminal history, Senior Constable Willson said a suspended jail term was in order, if not a lengthy probation order to provide additional support.

The court was told despite being diagnosed with ADHD, Eather was not taking medication because “his father’s family essentially don’t agree with medication”.

Magistrate Kyna Morice warned Eather he was at risk of killing a man, noting the ‘one punch kill’ campaign.

“People are so intoxicated that when they’re struck by somebody they can’t react, they can’t brace themselves, they hit their head on the concrete – that could have been you causing that, you could have been in (jail) right now,” she warned.

“That might seem like I’m being very dramatic but these are the things that can happen in an instant.”

She told him his conduct was appalling regardless of why he may have been provoked.

At the Toowoomba Magistrates Court on July 30, Eather pleaded guilty to three assault charges, one of which occasioned bodily harm and two of which had the aggravated circumstance of intoxication in a public place.

The cleaner and former painter also pleaded guilty to wilful damage and was ordered to pay the victim $471 in restitution.

Eather was sentenced to a two-year probation order, and ordered to complete 80 hours of community service within 12 months.

No conviction was recorded.

Original URL: https://www.thechronicle.com.au/truecrimeaustralia/police-courts-toowoomba/toowoomba-man-brendon-eather-breaks-buskers-eye-socket-on-violent-night-out/news-story/eafbb5442567124c0a1e72be7eb52747