Newspaper article The Daily Mercury (Mackay, Australia)

Club Claim in Brothers Trial; Evidence Sows Seeds of Doubt on Attack

Newspaper article The Daily Mercury (Mackay, Australia)

Club Claim in Brothers Trial; Evidence Sows Seeds of Doubt on Attack

Article excerpt

Ross Irby

ross.irby@dailtymercury.com.au

ONE of two Zemek brothers charged with assault causing bodily harm to Andrew Turner while armed and in company, says a third brother Lyle Zemek "may have" struck the welder with a golf club.

Blair Zemek made the comment in cross-examination by barrister Scott McLennan, counsel representing his brother Joel in their District Court trial.

Blair Zemek was fired from his work at Halliwell Fabrications in 2012 and returned a few days later with three of his brothers and another man to collect his welding helmet, goggles and gloves when a dispute occurred with Mr Turner.

Mr Turner was injured in the assault he alleges was by the brothers wielding golf clubs, and by one who kicked him in the head while wearing steel cap boots.

At their trial by jury before Judge Kiernan Dorney, both brothers maintained their innocence of the charge that they used golf clubs to assault Mr Turner. Instead Blair Zemek alleged the worker came at him with a crow bar and his brother Lyle ran in to intervene. …

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