Timothy William Ogilvie.
Timothy William Ogilvie.

Gympie bashing victim in court for his part in massive brawl

A YOUNG Gympie region man who was bashed, kicked in the head and stomped on while unconscious has faced court for his role in the massive Mary St brawl last December.

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The Gympie Magistrates Court heard last week that Timothy William Ogilvie, 25, started "in part" a melee involving about 20 people outside the Queenslander Hotel on December 13 last year.

Prosecuting Sergeant Lisa Manns said emergency services were called to the scene at about 11.30pm on that date, finding an unconscious Ogilvie lying in the gutter.

Timothy William Ogilvie
Timothy William Ogilvie

Witnesses said a large fight had taken place outside the Queenslander around that time and had continued to the opposite side of the road and footpath, where Ogilvie was knocked to the ground and kicked in the head until he was rendered unconscious.

Ogilvie was also stomped on while unconscious, Sgt Manns told the court. Reports at the time indicated he was in a critical condition following the bashing and was flown to the Sunshine Coast University Hospital for treatment.

He was released from the hospital the following day.

Sgt Manns said Ogilvie and his associates had instigated the brawl, and submitted to the court that he should therefore be dealt in the same manner as the three men who were convicted of perpetrating the attack on him.

Timothy William Ogilvie.
Timothy William Ogilvie.

Ogilvie's lawyer countered by saying her client had been standing back from the gathering and was brought into it by a young friend.

She said Ogilvie spoke with the group and some threats were being "thrown around", and Ogilvie's actions were in response to his young friend being pushed.

She said footage played in the court depicting the incident did not show Ogilvie was the instigator of the brawl, but rather his role led to it being set off.

Ogilvie pleaded guilty to the one charge of affray, and two unrelated charges of possessing cannabis and possessing scissors used in connection with the drug.

Magistrate Chris Callaghan acknowledged Ogilvie's remorse for the incident, as well as a lack of violence in his criminal history and a "dysfunctional upbringing".

Mr Callaghan said the brawl was "started, in part" by Ogilvie, but noted the three men convicted of bashing him received sentences ranging between community service and jail time.

Ogilvie was sentenced to 80 hours' community service, to be served within one year.

Gympie Times


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