Teen’s film ’racist’ attack on tourists before assault
Footage two teenagers captured of themselves abusing backpackers with "racist taunts" before assaulting a stranger has been used against them in court.
Jack Kelly Harvey and Noah Adam Martin were on Wednesday ordered to complete 60 hours of community service each for the behaviour which magistrate Rod Madsen described as "disgraceful".
Maroochydore Magistrates Court heard Harvey was affected by alcohol when he was driven to Stumers Ck at Coolum Beach by Martin on May 9.
The 18-year-olds approached three backpackers who were watching a movie in their van.
Police prosecutor Amanda Brewer said the teenagers began hurling abuse at the backpackers, telling them they were bringing coronavirus into the country.
The court heard Harvey could be seen laughing hysterically in mobile phone footage he captured of the ordeal.
"You are f------ terrorist c----, f--- you," Martin was heard saying in the footage.
"You f------- Muslim dog c----."
The court heard Martin also called the backpackers "creeps", told them they "probably" had anal sex, and made references to 9/11.
Throughout the recording, the backpackers remained silent and avoided eye contact.
"Slash that s--- Jack, slash it," Martin could be heard yelling at Harvey.
Harvey then stabbed a tyre of the van with a knife.
The 18-year-olds then made their way to McDonald's at Coolum Beach where they challenged another man to a fight.
"They began enticing the victim to fight by pushing and slapping him around the head and the face," Sen Constable Brewer said.
"The victim attempted to put distance between himself and the pair by pushing Harvey away.
"Harvey has then grabbed the victim and started throwing punches towards him as (Martin) stood back and began filming the assault on his mobile phone."
The court heard Martin stopped filming when the victim gained the upper hand, placing Harvey in a head lock.
"The victim believed the assault was over so he then released Harvey, and Martin has assaulted the victim by placing him in a headlock."
Harvey was questioned by police after Martin fled on foot.
The pair pleaded guilty to one charge each of public nuisance, common assault, and wilfully damaging property without consent to cause a loss of less than $250.
Harvey's assault charge was aggravated by the fact he was adversely affected by an intoxicating substance in a public place.
Defence lawyer Noel Woodall said the young men were employed and respected in their roles.
He said Harvey had sought psychological help for grief he suffered due to his grandfather's death.
"He has been out of sorts, according to his family," Mr Woodall said.
He said the behaviour was out of character and asked for no convictions to be recorded.
Magistrate Rod Madsen said a probation order would help the men reflect on their attitudes.
"I'm troubled by the idea that somebody can say those sorts of racist taunts in that way and then come to court and say this is uncharacteristic," he said.
"Racism in any form needs to be actively discouraged.
"It has an untold impact upon the victims."
Mr Madsen gave the men nine-month probation orders and ordered they each serve 60 hours of community service.
No convictions were recorded.
Mr Madsen said the men were lucky the incident with the backpackers didn't amount to more trouble.
"It's disgraceful behaviour," he said.