Warrnambool hot dog vendor fined for pole assault

A HOTDOG vendor who used a metal pole to assault an employee has been fined $2000.

Brett Scully, 41, of Coghlans Road, Warrnambool, pleaded guilty in Warrnambool Magistrates Court on Tuesday to recklessly causing injury, threatening to kill, threatening to inflict serious injury and using a phone service to menace.

Police prosecutor Senior Constable Paul Harris said Scully and the victim were known to each other with the accused employing the victim at his hotdog stand.

He said there was an issue of an outstanding debt between the two and on the day of the attack Scully’s father said he’d seen a male running from his house.

Scully believed the male to be the victim and sent threatening messages to him. 

He then went to the victim’s house with a metal pole and hit the victim’s head and body when he answered the door.

The victim grabbed a broom handle to defend himself.

When police arrested Scully he told police that the victim deserved it and there was an outstanding debt. He denied he’d armed himself with a pole.

Defence counsel Xavier Farrelly said Scully and the victim had known each other since childhood.

He said Scully was very angry and believed takings from the hotdog stand had been stolen from his bedroom.

He rang triple-0 to report the theft and was told to report it to the local police. He then decided to go to the victim’s house.

Mr Farrelly said Scully felt somewhat betrayed by the individual, whether justifiable or not. He said he acknowledged he’d overreacted.

On the recklessly cause injury, threatening to kill and threatening to inflict serious injury charges, Scully was convicted and fined $1500. He was fined $500 on the charge of using a phone service to menace.