A Port Kembla man has been convicted of an unprovoked assault of a 20-year-old who was having a night out with friends in October 2021.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Magistrate Michael O'Brien found Jack Filipovic, 22, guilty of assault occasioning actual bodily harm in Wollongong Local Court on Monday.
On October 16, 2021, Jacob Bosevski was having lunch and drinks with friends at the Towradgi Beach Hotel.
After arriving at 1.30pm and spending the afternoon at the venue, Bosevski was getting ready to leave at 9.30pm.
While saying his goodbyes, Filipovic approached Bosevski.
In court, Bosevski said he had never met Filipovic before or spoken to him.
According to police documents Filipovic then threatened Bosevski.
"If you talk to her again I will bash you," Filipovic said.
Unaware of who Filipovic was referring to, Bosevski was confused and tried to take steps away from Filipovic.
Coming closer to him, Filipovic put his face within 30cm of Bosevski, aggressively leaning towards him and yelling.
Bosevski told Wollongong Local Court he put his hands up above his shoulders to try and deescalate the situation.
By this point another man joined Filipovic and stood over Bosevki, making him feel nervous.
Bosevski was then grabbed from behind and felt his head pulled down before he started being kneed and punched.
Bosevski attempted to protect himself with his hands around his head but soon passed out from the brutal beating.
Regaining consciousness on the tiles near the bar, Bosevski woke feeling disorientated and with pain around his eyes and face.
He was taken by ambulance to Wollongong hospital where he was treated for a small fracture on the right of his nose and on the right of his eye.
The attack was filmed on the hotel's CCTV and police who arrived at the venue shortly after the incident watched the recording of the assault. Security guards obtained Filipovic's drivers licence, which the hotel manager took a photo of.
In the evening of Sunday, October 24, police arrived at Filipovic's family home and and arrested him.
Police took him to Wollongong police station where he was questioned but said "no comment" to all questions.
Filipovic pleaded not guilty and was released on bail.
In July, Bosevski identified Filipovic from a photo board of 20 headshots.
In Wollongong Local Court on Monday, Filipovic's lawyer Martin Zanolla questioned Bosevski's recall of events.
"You're making this up each time as you go along," Mr Zanolla put to Bosevski.
"No," Bosevski replied.
Magistrate O'Brien found Bosevski was more credible, finding his evidence was "impressive" and it was a "spontaneous and unrehearsed narrative".
"On all the evidence I do accept and am satisfied that the complainant had a clear recollection of events in question," he said. "All the elements of the offence have been made out to the requisite standard."
Filipovic will return to Wollongong Local Court for sentencing on August 9.
To read more stories, download the Illawarra Mercury news app in the Apple Store or Google Play.
