A TAXI driver was attacked when he misconstrued a touch on the shoulder as a gay gesture.
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Lee Edward Brandon, 38, pleaded guilty to assault while armed with a beer bottle, and was fined $1500.
No conviction was recorded.
The Mount Isa Magistrate’s Court heard Brandon was upset when his friend was accused of hitting on a taxi driver on June 10, 2013.
Police prosecutor acting Sergeant Paige Barrow said Brandon and his friend left the Irish Club about 11.30pm and asked a taxi driver to take them to a bottle shop in West Street.
When they learned the bottle shop was closed, the friend touched the driver on the shoulder and told him they could go elsewhere.
The foreign driver was upset and accused the friend of being gay as it was considered a flirtatious gesture in his country, acting Sergeant Barrow said.
Brandon was upset and asked the driver to apologise, but he refused. “The defendant struck the victim twice with his right hand while holding a beer bottle. It caused a small abrasion,” acting Sergeant Barrow said.
Defence lawyer Robert Quilliam said the matter was difficult for the magistrate to judge because Brandon had no previous criminal history.
There was “a degree of provocation” in the matter because Brandon was upset at accusations against his friend.
Mr Quilliam said the facts did not suggest the bottle was intentionally used in the assault, although it perhaps added extra weight to the punch.
Magistrate Stephen Guttridge ordered Brandon pay $500 compensation to the driver.