Men bashed while protecting woman from ex

 

TWO men staying at the Gold Coast home of a female friend to protect her from an ex have themselves copped a violent beating, a court has heard.

Crown prosecutor Gary Churchill told the court Michael Wilson and Ben Andrews were staying at the friend's home because she was terrified her ex, Matthew Smith, would kill her.

He said on July 28 last year Smith and Michael Barth barged into the home and Smith, 30, began to punch Mr Andrews who was asleep on the couch.

Mr Wilson tried to intervene and was thrown in to a wall by Smith.

Barth, jumped in on the assault punching Mr Wilson twice in the head after he had been thrown into a wall, a court heard.

Judge David Kent said: "Society can't put up with this. People can't be assaulted in someone's house."

Barth, 38, pleaded guilty in the Southport District Court yesterday to one count of assault occasioning bodily harm.

"When you did take part you did not have to intervene on Smith's behalf - he was getting the better of Mr Wilson at the time," Judge Kent said.

Barth was yesterday fined $1000 and a conviction recorded.

Smith was sentenced earlier this year in the Supreme Court of Queensland to two years prison and released after he served 301 days in custody.

Barth's barrister Rodney Clifford, instructed by Allen & Searing Criminal Lawyers, said Barth was suffering the stress of a marriage breakdown at the time.

He said Barth, who works in a family concreting business, was Smith's boss.

Mr Clifford said it was out of character for Barth.