A WHARFIE awarded more than $50,000 compensation after being glassed in the face by a bouncer during a night out in Fremantle says the attack has left him too traumatised to go to nightclubs.
Ben Patrick Turnbull, 27, from Port Kembla in NSW, was left with a permanent eye twitch, nerve damage and a 7.5cm scar on his face from the vicious assault at the Clink nightclub on February 21, 2009.
Mohammad Rafi Bashardoost, 23, was given a nine-month suspended sentence and a $3000 fine for unlawfully wounding the visiting stevedore. He also became the first person in WA to be banned from working in a licensed venue.
Following Bashardoost's sentencing, Mr Turnbull applied for compensation. The $52,648.30 was awarded in September 2010 but details of the pay out only surfaced this week.
Speaking from his home in Port Kembla, Mr Turnbull said he had spent the past few years trying to put the incident behind him but he was constantly reminded of the events each time he looked in the mirror.
He said he also suffered from mild panic attacks when visiting nightclubs.
``I can't even go to nightclubs anymore'' he said. ``Pubs I will go to but nightclubs I have no interest in going to.
``It definitely stems from that incident. I can't stand to be in crowded places like that anymore, I feel a little bit panicky. I just can't do it.''
Mr Turnbull needed 28 stitches after he was struck in the face with a smashed glass during a fight which erupted as Bashardoost tried to eject him from the Clink.
He sustained a 7.5cm gash to the left side of his face which required plastic surgery. He also underwent psychiatric counselling after he developed an acute distress disorder following the attack.
While he is pleased he was awarded the money, Mr Turnbull said it could never make up for what he has had to endure.
Not only did the attack scar him physically, the subsequent judicial proceedings damaged him emotionally as well.
``The compensation will never change the way that I feel about the whole situation'' he said.
``It's something at least but it will never change the way I feel about how it all played out.''
During the sentencing hearing in January last year, a lawyer acting for Bashradoost claimed Mr Turnbull had made a racist remark about his client moments before the fight.
Mr Turnbull denied the claim and said he was disappointed he did not get to defend himself in court.
``I just wanted him to take responsibility for what he did but he got to tell some story and no-one stood up for me. That was the worst bit'' he said.
``It wouldn't have mattered to me if he did jail time or not. All he did was plead guilty but didn't actually explain why he did it.''
In determining his payout, WA's criminal injuries compensation assessor took the proceedings into account, including the claim against Mr Turnbull and ruled she was ``not satisfied the incident happened as described by the
offender's solicitors in his plea of mitigation to the Magistrates Court''.
``I am not satisfied the applicant's behaviour contributed to his injuries such that it would be just for me to reduce the amount of compensation I would have otherwise awarded to him,'' she added.
She awarded Mr Turnbull $35,000 for physical and psychological injuries and $17,648.30 in costs.
Saturday, July 30, 2011
Thursday, June 23, 2011
Liquor Licensing Laws Western Australia / Lifting the Drinking Age
A report into the prevention and treatment of alcohol-related harm released Thursday June 23rd of June calls for both the minimum drinking age and the cost of alcohol to be raised, while placing further restrictions on liquor outlets, licensed venues and alcohol advertising.
The report appears to be based primarily on the belief that WA is the highest consumer of alcohol in the country and 10th in the world per capita.
What the report fails to acknowledge in its broad brush strokes is that the practices of pubs, clubs in West Australia's capital are among the toughest in the country. With an accord process that kicked off in Fremantle in 1995 WA has lead the nation in reducing alcohol related harm.
Much like the misconception that Perth is the boom city there appears to be a common belief that Perth is a huge consumer of alcohol. This is caused by grouping all of the alcohol sales for this vast state into one figure and then dividing it to produce a per capita figure then designing laws (which by location are easier to enforce in the city). Much like the 'boom' a lot of this consumption is above the 26th parallel
Given the amount of mining activity in the states north along with the number of fly in fly out workers, at risk aboriginal populations and the heat, the states north west has been long known as a high consumer of alcohol. Additionally the state in recent times has had periods when the temperature has peaked in the high 30's and 40's for weeks on end. During these periods massive amounts of alcohol is shipped to the states harshest areas, but sometimes it is just good fun to compare other states and countries with the worlds most isolated.
It is a ridiculous concept to consider radical statewide alcohol law reform in a state with a well run and respected Department of Liquor Licensing when that state is 15 times the size of the UK.
Today a winter day in Western Australia sees the maximum temperature for the day range from 12C to 29C yes 29C in winter... To have effective consideration for the laws in such a vast state the statistics must be broken up into postcodes or at the least zones. I am quite confident that Nedlands and Subiaco with their 6009 and 6008 postcodes and white collar workers will be consuming less alcohol today than post codes kununurra and Derby's 6728 and 6743.
The final insult... to suggest that the problems lie with a cosy relationship between the industry and the Department of Liquor Licensing is offensive. This state by comparison to the rest of the nation has extraordinarily harsh laws and regulations.
(Note to academics):
1/ If you visit Derby and Kununurra don't wear shirt and tie people will laugh at you.
2/ On a map it looks like a short distance but like the postcodes they are a long way away.
The report appears to be based primarily on the belief that WA is the highest consumer of alcohol in the country and 10th in the world per capita.
What the report fails to acknowledge in its broad brush strokes is that the practices of pubs, clubs in West Australia's capital are among the toughest in the country. With an accord process that kicked off in Fremantle in 1995 WA has lead the nation in reducing alcohol related harm.
Much like the misconception that Perth is the boom city there appears to be a common belief that Perth is a huge consumer of alcohol. This is caused by grouping all of the alcohol sales for this vast state into one figure and then dividing it to produce a per capita figure then designing laws (which by location are easier to enforce in the city). Much like the 'boom' a lot of this consumption is above the 26th parallel
Given the amount of mining activity in the states north along with the number of fly in fly out workers, at risk aboriginal populations and the heat, the states north west has been long known as a high consumer of alcohol. Additionally the state in recent times has had periods when the temperature has peaked in the high 30's and 40's for weeks on end. During these periods massive amounts of alcohol is shipped to the states harshest areas, but sometimes it is just good fun to compare other states and countries with the worlds most isolated.
It is a ridiculous concept to consider radical statewide alcohol law reform in a state with a well run and respected Department of Liquor Licensing when that state is 15 times the size of the UK.
Today a winter day in Western Australia sees the maximum temperature for the day range from 12C to 29C yes 29C in winter... To have effective consideration for the laws in such a vast state the statistics must be broken up into postcodes or at the least zones. I am quite confident that Nedlands and Subiaco with their 6009 and 6008 postcodes and white collar workers will be consuming less alcohol today than post codes kununurra and Derby's 6728 and 6743.
The final insult... to suggest that the problems lie with a cosy relationship between the industry and the Department of Liquor Licensing is offensive. This state by comparison to the rest of the nation has extraordinarily harsh laws and regulations.
(Note to academics):
1/ If you visit Derby and Kununurra don't wear shirt and tie people will laugh at you.
2/ On a map it looks like a short distance but like the postcodes they are a long way away.
Friday, June 17, 2011
Kronic at Civic Hotel Inglewood
THE manager of The Civic Hotel in Inglewood has voluntarily closed the function room that was to be used for a "Kronic Blowout" party tonight.
After learning that the party had switched venues, it is understood that police spoke to the hotel's management, who agreed to cancel the event.
Initially, the event had been organised at The Bakery, a State Government-funded venue in Northbridge, but police used tough liquor laws to close the venue down.
Users of the drug Kronic were invited to use their stash at the party before synthetic cannabis substances become illegal tomorrow.
Under section 114 of the Liquor Control Act, police from the Liquor Enforcement Unit this morning issued a directive ordering the venue not to open again until midnight tonight.
It is understood the section of the legislation is most commonly used to shut licensed premises after brawls, violence and civil disturbances or when public safety is at risk.
Start of sidebar. Skip to end of sidebar.
Related CoverageWA becomes first state with Kronic ban
Perth Now, 1 day ago
Kronic ban hits WA, final party shut down
Perth Now, 1 day ago
Calls to ban 'legal marijuana'
Adelaide Now, 1 day ago
Dungeon indeed
The Australian, 1 day ago
Perth fake weed party shut down
Perth Now, 1 day ago.End of sidebar. Return to start of sidebar.
.
Under the order, police can close licensed premises or a part of premises and direct managers and staff to cease the sale, supply and consumption of alcohol.
If organisers do not adhere to the closure order they face fines of up to $10,000.
The Bakery, which operates on a special facilities licence, receives funding from the Department of Culture and the Arts and is run by not-for-profit group Artrage.
A flyer for the show - headlined by WA reggae outfit Sunshine Brothers - advertises a performance from DJ Krolin Barnett and offered a prize for the biggest Kronic spliff rolled on the night.
This week, WA became the first state to outlaw synthetic cannabis products when the State Government announced new laws banning the substance.
-Perthnow
After learning that the party had switched venues, it is understood that police spoke to the hotel's management, who agreed to cancel the event.
Initially, the event had been organised at The Bakery, a State Government-funded venue in Northbridge, but police used tough liquor laws to close the venue down.
Users of the drug Kronic were invited to use their stash at the party before synthetic cannabis substances become illegal tomorrow.
Under section 114 of the Liquor Control Act, police from the Liquor Enforcement Unit this morning issued a directive ordering the venue not to open again until midnight tonight.
It is understood the section of the legislation is most commonly used to shut licensed premises after brawls, violence and civil disturbances or when public safety is at risk.
Start of sidebar. Skip to end of sidebar.
Related CoverageWA becomes first state with Kronic ban
Perth Now, 1 day ago
Kronic ban hits WA, final party shut down
Perth Now, 1 day ago
Calls to ban 'legal marijuana'
Adelaide Now, 1 day ago
Dungeon indeed
The Australian, 1 day ago
Perth fake weed party shut down
Perth Now, 1 day ago.End of sidebar. Return to start of sidebar.
.
Under the order, police can close licensed premises or a part of premises and direct managers and staff to cease the sale, supply and consumption of alcohol.
If organisers do not adhere to the closure order they face fines of up to $10,000.
The Bakery, which operates on a special facilities licence, receives funding from the Department of Culture and the Arts and is run by not-for-profit group Artrage.
A flyer for the show - headlined by WA reggae outfit Sunshine Brothers - advertises a performance from DJ Krolin Barnett and offered a prize for the biggest Kronic spliff rolled on the night.
This week, WA became the first state to outlaw synthetic cannabis products when the State Government announced new laws banning the substance.
-Perthnow
Thursday, June 9, 2011
Bar wins right to ban females
A GAY venue in Melbourne has won the right to ban women to ensure its patrons are not subjected to attempts by predatory females to turn them straight.
VCAT has granted Sircuit Bar in Smith St an exemption to anti-discrimination laws,to ban women because they make the men uncomfortable.
"The applicant primarily relies on the exemption to exclude women from the venue, other than on Sundays after 3pm," VCAT reasoned.
"This is to ensure that gay men are not subject to attempts to change their sexuality, which reduce their comfort in the venue, which includes being fully accepted for who they are."
Sircuit nightclub includes pool tables, a maze, movie lounges, private rooms and a wash area over two licensed floors.
VCAT said, the venue is regularly used by gay men's social and community groups.
and it was important gay men had a venue where they were not subject to disparaging comments.
"For gay men who wish to display affection, those actions can readily lead to misunderstanding and disparaging comments which are not applied to heterosexual people," VCAT said.
"The applicants wish to provide a venue where it is safe and acceptable to openly express homosexuality."
Human Rights Commissioner Dr Helen Szoke said she supported the exemption and the Equal Opportunity Commission did not wish to intervene in the decision, and VCAT said it did not contravene the Charter of Human Rights.
"One of the objectives of the EOA is to promote recognition and acceptance of everyone's right to equality of opportunity," Dr Szoke said.
Other gay venues have had less success in banning patrons.
Last year the Peel Hotel in Collingwood lost its right to ask people their sexuality before they were allowed to enter.
VCAT has granted Sircuit Bar in Smith St an exemption to anti-discrimination laws,to ban women because they make the men uncomfortable.
"The applicant primarily relies on the exemption to exclude women from the venue, other than on Sundays after 3pm," VCAT reasoned.
"This is to ensure that gay men are not subject to attempts to change their sexuality, which reduce their comfort in the venue, which includes being fully accepted for who they are."
Sircuit nightclub includes pool tables, a maze, movie lounges, private rooms and a wash area over two licensed floors.
VCAT said, the venue is regularly used by gay men's social and community groups.
and it was important gay men had a venue where they were not subject to disparaging comments.
"For gay men who wish to display affection, those actions can readily lead to misunderstanding and disparaging comments which are not applied to heterosexual people," VCAT said.
"The applicants wish to provide a venue where it is safe and acceptable to openly express homosexuality."
Human Rights Commissioner Dr Helen Szoke said she supported the exemption and the Equal Opportunity Commission did not wish to intervene in the decision, and VCAT said it did not contravene the Charter of Human Rights.
"One of the objectives of the EOA is to promote recognition and acceptance of everyone's right to equality of opportunity," Dr Szoke said.
Other gay venues have had less success in banning patrons.
Last year the Peel Hotel in Collingwood lost its right to ask people their sexuality before they were allowed to enter.
Wednesday, June 1, 2011
Deceased Man Peter Davis found at Perth Motel
West Australian Police have arrested a man following the discovery of a body in the car park of the Great Eastern Motor Lodge on Monday night.
The body is believed to be that of Peter Davis. Mr Davis was the managing director of Topseal Concrete Services in Forrestfield
Police have charged a 47-year-old Murdoch man, an employee of Topseal Concrete Services, with grievous bodily harm overnight in relation to the death. He will appear before the Perth Magistrate's Court this morning and it is likely that the charges will be upgraded to homicide.
Late Monday night there was an altercation in the rear car park of the Rivervale motel that involved two vehicles, one a Toyota Hilux ute (driven by the suspect) the other a Triton (drven by the son of the deceased), crash into each other.
Witnesses then saw the Hilux speeding away from the motel along Great Eastern Highway.
After the incident, the driver of the Triton involved in the crash called police and led them to a Mitsubishi Pajero also parked at the motel. When officers arrived at the scene they found a body in the rear of the four-wheel-drive.
A resident at the motel, Jared Liddicoat, told WA Today he heard a loud bang that got him out of his unit and onto the balcony, where he saw one car chasing another.
"There are skid marks down there and this Hilux had lined up this Triton up from a good 50 metres and just (sideswiped) him and reversed up and sped off," he said.
It is believe that the son of the victim Peter Davis, had been looking for his father, who had been missing since earlier on Monday. During that search he came across the occupant of the Hilux and followed him, ulimately being led to the body of his father.
The body is believed to be that of Peter Davis. Mr Davis was the managing director of Topseal Concrete Services in Forrestfield
Police have charged a 47-year-old Murdoch man, an employee of Topseal Concrete Services, with grievous bodily harm overnight in relation to the death. He will appear before the Perth Magistrate's Court this morning and it is likely that the charges will be upgraded to homicide.
Late Monday night there was an altercation in the rear car park of the Rivervale motel that involved two vehicles, one a Toyota Hilux ute (driven by the suspect) the other a Triton (drven by the son of the deceased), crash into each other.
Witnesses then saw the Hilux speeding away from the motel along Great Eastern Highway.
After the incident, the driver of the Triton involved in the crash called police and led them to a Mitsubishi Pajero also parked at the motel. When officers arrived at the scene they found a body in the rear of the four-wheel-drive.
A resident at the motel, Jared Liddicoat, told WA Today he heard a loud bang that got him out of his unit and onto the balcony, where he saw one car chasing another.
"There are skid marks down there and this Hilux had lined up this Triton up from a good 50 metres and just (sideswiped) him and reversed up and sped off," he said.
It is believe that the son of the victim Peter Davis, had been looking for his father, who had been missing since earlier on Monday. During that search he came across the occupant of the Hilux and followed him, ulimately being led to the body of his father.
Toga Hospitality is looking to Expand to Perth and Brisbane
Toga Hospitality is looking to add to its 'Vibe' brand hotel portfolio by acquiring venues in Perth and Brisbane.
The Australian expansion cones after an extended break from developing its Australian brand while the group focused on its European apartment hotel openings.
Toga currently operates seven of the Vibe chain four star hotels, aimed at a young urban clientele, across the Gold Coast, Melbourne, Darwin and Sydney.
Speaking at the launch of the fourth Vibe mix CD yesterday at Vibe Rushcutters Bay in Sydney, Argaman said “Having opened Vibe Hotel Darwin Waterfront two years ago, Toga Hospitality has an exciting growth strategy in place and continues to explore opportunities for the expansion of the Vibe Hotel brand in key target locations including Brisbane and Perth”.
The Australian expansion cones after an extended break from developing its Australian brand while the group focused on its European apartment hotel openings.
Toga currently operates seven of the Vibe chain four star hotels, aimed at a young urban clientele, across the Gold Coast, Melbourne, Darwin and Sydney.
Speaking at the launch of the fourth Vibe mix CD yesterday at Vibe Rushcutters Bay in Sydney, Argaman said “Having opened Vibe Hotel Darwin Waterfront two years ago, Toga Hospitality has an exciting growth strategy in place and continues to explore opportunities for the expansion of the Vibe Hotel brand in key target locations including Brisbane and Perth”.
Commisioner Karl .... Way out of Touch
WA Police Commissioner Karl O'Callaghan has called on the liquor industry to better regulate alcohol prices and remove the cost disparity between take-away liquor and alcohol sold at pubs and clubs.
The call comes amid concern about the "pre-loading'' boozing phenomenon, whereby people drink excessive amounts of cheaper alcohol at home before partying in popular late-night entertainment precincts.
In addressing the Australian Hotels Association's WA Hospitality Expo at the Burswood Entertainment Complex today, Mr O'Callaghan said the practice of "pre-loading'' had become a significant community issue and action needed to be taken to tackle price variations.
"The problem that the industry is reporting with pre-loading, that is people arriving in entertainment precincts already affected by alcohol, is largely driven by the price differential between liquor stores and pubs,'' Mr O'Callaghan said.
more at
http://www.perthnow.com.au/news/western-australia/top-cop-takes-shot-at-nightclub-booze-prices/comments-e6frg15c-1226067388517
The call comes amid concern about the "pre-loading'' boozing phenomenon, whereby people drink excessive amounts of cheaper alcohol at home before partying in popular late-night entertainment precincts.
In addressing the Australian Hotels Association's WA Hospitality Expo at the Burswood Entertainment Complex today, Mr O'Callaghan said the practice of "pre-loading'' had become a significant community issue and action needed to be taken to tackle price variations.
"The problem that the industry is reporting with pre-loading, that is people arriving in entertainment precincts already affected by alcohol, is largely driven by the price differential between liquor stores and pubs,'' Mr O'Callaghan said.
more at
http://www.perthnow.com.au/news/western-australia/top-cop-takes-shot-at-nightclub-booze-prices/comments-e6frg15c-1226067388517
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