Men face court after a club brawl
“THE courts are full of stories about altercations between security and patrons,” Magistrate Maxine Baldwin told two brothers charged with offences against police that stemmed from a fight with Shaft nightclub bouncers.
The court heard co-accused Tye and Kane Gruber had been evicted from the nightclub after a fight had broken out inside the club on July 10. It was believed the pair refused to leave and there was a scuffle at the entry which was stopped by police.
Arresting officers said Kane Gruber, 31, needed an escort to be taken to the police car, however he broke free and put his hands in a strangle hold around the police officers neck and ripped his shirt.
“He had to be taken to the ground and handcuffed,” police prosecutor Senior Constable Lisa Manns said, and added that Kane Gruber had no criminal history.
The court heard Tye Gruber, 29, punched one of the arresting officers in the side of the head and continued to strike until he too was taken to the ground and restrained with handcuffs.
The Gruber brothers were taken to the watchouse and charged with assaulting and obstructing police.
Defence solicitor Heather Steinberg said her clients originally denied the charges but had entered guilty pleas to “get the matter dealt with” because they couldn't afford any more time off work.
Mrs Baldwin said she couldn't proceed unless the Grubers agreed to the facts.
Steinberg told their side of the story and said when police arrived her clients were already down on the bitumen area, not at the entrance to the nightclub as officers said.
“CCTV footage shows they were already separated (from the bouncers) when police arrived,” she said.
Steinberg told the court there were other differences to the police report but decided not to go into them because her clients wanted the magistrate to accept their guilty pleas.
She said her clients did not provoke the fight and the matter was handled very unprofessionally.
“CCTV footage proves that,” she said, and added that a sober witness backed up their story.
Mrs Baldwin said she gathered they were drunk when the incident happened. “If you were any younger I'd be tempted to ban you from the nightclub,” she said.
Tye Gruber, of Anchovy Street, Tin Can Bay, and Kane Gruber, of Henry Road, Goomboorian, were both placed on $1000 bonds to be of good behaviour for six months.