By CAM LUCADOU-WELLS
A MAN is facing years in jail after repeatedly kicking and wielding a garden stake on another man lying on the ground at Dandenong’s Pop Up Park.
Nhial Nhial, 27, pleaded guilty to intentionally causing injury, affray, and committing an indictable offence while on bail over the incident on the Foster Street sports court at 9.30am on 10 October.
The public gallery at Dandenong Magistrates’ Court on 2 November was warned about the violence of CCTV footage shot from opposite the Dandenong railway station before it was shown to the court.
It depicted a fight between a shirtless Nhial and the victim, who appeared armed with a bottle.
During the dispute, an unknown male hands Nhial a wooden garden stake, which with one blow felled the victim.
As the victim lay on the ground, Nhial struck him with the stake a further seven times and then kicked the motionless victim’s head twice.
Nhial wielded the stake three more times, each time lifting the stake above his head before delivering the blows.
According to a police summary, the victim appeared “helpless” and unable to defend himself during the “extremely violent” attack.
Police prosecutor Senior Constable Kimberley Hawkins said no-one in the park or the busy transport hub came to the victim’s aid at the time, bar for paramedics who arrived about 30 minutes later.
The victim was taken to Dandenong Hospital with a cut to his head, a broken left hand and an injured leg.
He was subsequently cleared of serious head injuries, which led to police dropping more serious assault charges.
Nhial, who stayed in the park until paramedics and police arrived, was taken to Dandenong police station.
He was on bail at the time for cannabis possession, obstructing an ambulance officer, resisting police, public drunkenness and abusive language in public.
The accused gave a no comment to police interview.
Nhial’s defence lawyer said there looked to be a “fair fight up to a certain point”.
“But clearly there’s a point that Mr Nhial loses any protection of the law for his conduct.”
Magistrate Jack Vandersteen adjourned sentencing to allow Nhial’s defence lawyer to prepare mitigating material.
“From what I’ve seen on the vision and the priors, I don’t think two years (jail) and a community corrections order is sufficient.”
Nhial was remanded in custody to appear at Dandenong Magistrates’ Court on 3 December.
