25 May 2010

Goodna Assault: Aboriginal dancer not 'racist' - Fined $1500

A RESPECTED Aboriginal performer attacked a stranger on an Ipswich train before pouring wine over another man.

Ipswich District Court heard the violent outburst began at Goodna train station on October 13 last year.

Daniel John Kinchela, 30, and his friends were drinking alcohol in a nearby park before walking to the train station at 6pm when one of his friends punched a 36-year-old Malaysian man in the head for no apparent reason.

Kinchela then confronted another man, Edward Platt, demanding he play rock, paper, scissors.

Mr Platt declined the offer but Kinchela continued to insist they play so the man relented.

When Mr Platt lost, Kinchela asked: "Now that I've won can I bash you?"

Mr Platt said: "No, I don't want to fight, I don't want any trouble." Kinchela replied that he would bash him.

Soon afterwards the Ipswich-bound train arrived, so Kinchela and his friends got on and began harassing an Asian man.

Crown Prosecutor Kathleen Christopherson said Kinchela told the man, aged between 40 and 45, "You're not black, you're painted" before punching him in the head so hard it bounced off the window.

The man escaped into another carriage and did not call police so his identity was unknown.

One of Kinchela's friends approached another passenger in the carriage, Laurens Hammon, 43, and punched him in the head.

Kinchela told Mr Hammon: "This is my land, (expletive) off" before pouring wine over him.

He pleaded guilty to threatening violence and two charges of common assault.

Kinchela was fined $1500 with no conviction recorded.

Ms Christopherson said Kinchela was a mature man who should have known better and other people in the train would have been fearful of his actions.

Defence barrister Debra Wardle said her client, an indigenous traditional dancer, was being considered an Aboriginal elder and the attack was very out of character.

Ms Wardle said the incident was not racially motivated and Kinchela was not a racist.

"He is deeply ashamed of his actions that night."

"He doesn't normally drink," Ms Wardle said.

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