A Supreme Court Justice has rejected that racism and self defence were reasons behind a late-night assault in central Launceston, with the offender receiving a suspended jail sentence.
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A jury found Chirack Mwanza Kadima, 24, guilty of assaulting a 30-year-old man on St John Street about 3.30am on Sunday, February 26, 2017.
Kadima was with a group of people on Brisbane Street when the victim walked past having just left Lonnies Niteclub.
The court was told a member of the group used a homophobic slur against the victim and they then "exchanged words" before Kadima followed the man into St John Street.
Kadima punched the man to the face, breaking his nose and eye socket. He was taken to the Launceston General Hospital where he underwent surgery, and still suffers pain and impaired vision.
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Kadima pleaded not guilty and accused the victim of making a racist remark before the attack. Kadima claimed he punched the victim when he reached into his bag, fearing he would have a weapon.
The man was instead reaching for his phone.
Justice Robert Pearce rejected Kadima's account of events, and said CCTV showed the victim was not posing a threat.
"His assertion was inconsistent with CCTV taken outside the hotel and in St John Street that makes it perfectly clear the defendant was the aggressor," he said.
Footage showed Kadima continued to follow the victim after the punch, and it was clear he had produced a phone and not a weapon.
Justice Pearce said not withstanding the severe trauma, it was fortunate further injuries had not resulted.
"The complainant was an easy target," he said.
"The defendant is a strong and athletic man, much moreso than the complainant.
"The damage here could have been much worse."
Kadima was convicted and sentenced to six months' jail, suspended for 18 months. He was placed on a three-month community corrections order.
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