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| Down Under |
| Cronulla race rioter loses appeal over bashing |
| 2007-11-01 |
| A JUDGE has cited photographs and TV footage in rejecting a man's appeal against his conviction for taking part in Sydney's 2005 Cronulla riots. Brent David Lohman, 20, was found guilty of one charge of riot in March this year after repeatedly punching Ali Hashimi in the head in a train carriage at Cronulla on December 11, 2005. Lohman became one of the most recognisable figures of the racially-motivated riots after being photographed by the media draped in an Australian flag. In March, he was ordered to serve a minimum 11-month jail sentence but appealed the conviction and sentence, arguing he was a mere spectator who had tried to help his alleged victim. In dismissing the conviction appeal today, Downing Centre District Court Judge Chris Geraghty said Lohman used "unlawful violence", "intended to use violence", and "was not defending himself" as his barrister had argued. "I thereby dismiss the appeal and uphold the conviction," the judge said. He used media photographs, CCTV footage and witness statements to reach his decision. There was footage showing Lohman entering and leaving the train and hanging around Cronulla railway station for a short time after the violence. "He is dressed, as it seems, throughout the incident ... in a flag tied off his shoulders," Mr Geraghty said. "Dressing in a flag is a statement. Context is everything. If a young person is to wear a flag on ANZAC Day ... then it may be seen as an expression of patriotism. "If one wears a flag at Cronulla amid a marauding crowd it does not have an (overtone) of patriotism ... it is a statement of solidarity, of identifying with the event that's taking place." Lohman told police he was at Cronulla beach with mates swimming and surfing "the same as every other weekend". Lohman had consumed about five alcoholic drinks throughout the day before making his way to the railway station out of curiosity. "I did not go there to intentionally harm others ... I was merely a spectator who got caught up in the middle of it," Lohman said in a statement before the court. He said he tried to assist the victim, Mr Hashimi, by pulling others off him and that he had been given the flag by people in the area who were handing them out that day. "I don't accept that explanation," Mr Geraghty said. "As he steps out (of the train) his hands in the air, his mouth open, his chest out, in some form of bravado. "It seems to me there is a sense of exhilaration, a conquering hero – someone pretty pleased with himself." While the conviction has been upheld, Mr Geraghty will decide whether to reduce Lohman's 11-month jail term after hearing submissions on December 12. |
| Posted by:Oztralian |
| #2 Most recognizable - because only the footage of him was being shown on TV/Paper? I can have five 'alcoholic beverages' and golf better; somehow I don't think that was a factor with this guy. "I was just trying to assist him in learning what happens when you assault women in Australia" would have been fun to hear... Mr. Geraghty, any pictures of other flags being waved around that time period? Any pictures of 'my hero' poses from the assaulted |
| Posted by: swksvolFF 2007-11-01 12:03 |
| #1 Fair enough. But what about the gangs of "Lebanese" who were rioting, as I recall, the day before? Not to mention harassing girls on the beach, and worse? |
| Posted by: trailing wife 2007-11-01 06:28 |