Two men, including the brother of missing man Goran Nikolovski, were sentenced to jail yesterday over a violent brawl in which the victim, a member of an outlaw motorcycle gang, was stabbed in broad daylight.
Robert Nikolovski, of Cordeaux Heights, and Luke Dendulk, of Balgownie, were jailed over the CBD incident, which quickly turned from a heated argument into an all-in altercation, Wollongong Local Court was told.
Representing Nikolovski, solicitor Aaron Kernaghan told the court the 37-year-old had been deeply affected by the disappearance of his brother, who was now presumed dead.
Mr Kernaghan said Nikolovski’s family was in a ‘‘living nightmare’’, particularly as the media had suggested Goran was linked to the region’s ‘‘criminal underworld’’.
Sentencing the pair to jail, Magistrate Paul Lyon said the legal system did not follow ‘‘the law of the jungle’’.
‘‘No-one is above the law ... [this is not a situation] where people can just work matters out for themselves,’’ he said.
‘‘There seems to be an escalation of matters before the court [where] people are in dispute and [when] they come to sort it out, [violence occurs] in a public place without thought or regard for the community at large.’’
Nikolovski and Dendulk, 32, allegedly became involved in the fight about 4.30pm on June 30 last year after Nikolovski and a man who cannot be named had a heated conversation outside Wollongong’s Grand Hotel, the court heard.
CCTV footage showed the pair arguing before Nikolovski kicked the man and the pair began throwing punches at each other.
The male victim, who police say is a member of the Comancheros motorcycle gang, attempted to separate them but police claim Dendulk then approached him from behind and stabbed him in the shoulder before fleeing along Burelli St, the court was told.
Nikolovski chased the co-accused and then continued to fight with the unnamed man before the victim came to Nikolovski’s aid and the pair left the scene.
CCTV vision depicted the victim with what appeared to be a large blood stain on his back but he refused to provide police with further information.
Nikolovski pleaded guilty to affray while Dendulk was found guilty of the offence at a hearing last year.
Representing Dendulk, barrister Jane Healey told the court her client had argued self-defence but the magistrate had found Dendulk’s actions were excessive.
Ms Healey said the offence was unplanned and had resulted from Dendulk perceiving a real threat to the unidentified man.
The court heard Dendulk had suffered hypervigilance and anxiety since he was stabbed last year and required ongoing psychological intervention.
Mr Kernaghan told the court his client was less involved in the offence as he had not been party to the stabbing and was receiving treatment for severe anxiety.
Magistrate Lyon sentenced Nikolovski to a minimum six months’ jail and ordered Dendulk to serve 12 months’ jail with a non-parole period of nine months.
Both men immediately lodged appeals and Nikolovski was released on bail, pending a severity appeal next month.
Dendulk appealed against the conviction and will appear before Wollongong District Court on March 23.
http://www.illawarramercury.com.au/news/local/news/general/men-sentenced-to-prison-after-brawl-in-street/2459596.aspx?storypage=2
Representing Dendulk, barrister Jane Healey told the court her client had argued self-defence but the magistrate had found Dendulk’s actions were excessive.
Ms Healey said the offence was unplanned and had resulted from Dendulk perceiving a real threat to the unidentified man.
The court heard Dendulk had suffered hypervigilance and anxiety since he was stabbed last year and required ongoing psychological intervention.
Mr Kernaghan told the court his client was less involved in the offence as he had not been party to the stabbing and was receiving treatment for severe anxiety.
Magistrate Lyon sentenced Nikolovski to a minimum six months’ jail and ordered Dendulk to serve 12 months’ jail with a non-parole period of nine months.
Both men immediately lodged appeals and Nikolovski was released on bail, pending a severity appeal next month.
Dendulk appealed against the conviction and will appear before Wollongong District Court on March 23.
http://www.illawarramercury.com.au/news/local/news/general/men-sentenced-to-prison-after-brawl-in-street/2459596.aspx?storypage=2
