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1/08/2008 2:42:00 PM
THE mother of a man who was bashed in a Jindabyne street in October 2007 said she was shocked and horrified when she saw an iron bar presented as evidence in Cooma Court on Friday July 25.

"When I saw the bar and heard exactly what had happened, I realised these boys could have been seriously hurt, if not killed," Deborah Duffy said.

Mrs Duffy spoke after the hearing in which Magistrate Brian Van Zuylen found Jason Frost, 19, of Carruthers Drive, Jindabyne; and Tom Hastings, 20, also from Jindabyne; guilty of affray and assault occasioning bodily harm and sentenced both men to eight months jail, pending an appeal.

Following the assault, Christopher Duffy, 18, and Tori Bergin, 20, were treated at Cooma Hospital. Mr Duffy will continue to need dental treatment after losing half a tooth in the attack.

The court was told the altercation had begun at the Lake Jindabyne Hotel on the evening of October 23, following comments made by Hastings.

"You offered to help Mr Duffy to hang himself; a contemptible comment," Mr Van Zuylen said.

The court heard that later in the evening Frost and Hastings went to The Nook, the street close to where Mr Duffy and Mr Bergin were having a drink at the home of Mr Bergin's father.

Frost and Hastings were witnessed carrying a length of muffler/exhaust pipe and an iron bar, later found by police and shown in court. Both men admitted carrying the weapons but claimed they were for self defence.

The court was told that, after hearing noises, Mr Duffy and Mr Bergin went outside to investigate and both were assaulted by Frost and Hastings. In the attack, Mr Duffy lost half a tooth, and suffered bruising and cuts to his face and a suspected broken nose. Mr Bergin received a serious cut above the right eye, numerous bruises and welt marks.

The defence solicitor described the night as a 'moment of madness' and that both defendants were both final year apprentices who had been able sportsmen in their youth and had not been in trouble with the police prior to this incident.

Mr van Zuylen said the offenders earned no penalty reduction for pleading not guilty throughout the case.

In addressing Mr Frost, the Magistrate said he had attacked Mr Bergin, who described having his head rammed into the gutter.

"Violence of this nature will not be tolerated," Mr van Zuylen said.

The men were sentenced to eight months' jail, with a four-month non-parole period. A sentencing appeal will be heard at Queanbeyan District Court in December.

Both men have been released on bail. A request by the police prosecutor to place the offenders on two-year, Apprehended Violence Orders (AVOs) for the added safety of the victims was approved.

NOTE: The Summit Sun wishes to advise that Jason Frost is not the person of the same name who operates Jason Frost Electrical in Jindabyne. The owner of Jason Frost Electrical is in no way associated with this court case.

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