Broomstick, clothesline used in citizen’s arrest
A MAN who stabbed a 20-year-old in the neck during a bloody, booze-fuelled fight at a Central Queensland caravan park has been told he's lucky not to be facing a murder charge.
Jonathan William Waiomio, 42, appeared in Brisbane District Court on Monday over the violent attack at Clermont Caravan Park on September 30 last year, that left the young man in a critical condition.
Witnesses from "all corners of the state" had flown to give evidence at the trial, which was abandoned on Monday morning after Waiomio pleaded guilty to acts intended to cause grievous bodily harm and assault occasioning bodily harm.
Prosecutor Ben Jackson told the court that the drunken fight broke out at the caravan park after the Clermont races about 2am.
Waiomio, who was working as a fly-in fly-out worker constructing a solar farm and living at the caravan park, punched another man in the cheek before the victim "returned fire" and punched him back.
Waiomio told the man "I'll be back" and returned with a knife, stabbing the 20-year-old man in the neck.
The court heard the victims' friends made a "gutsy" citizen's arrest, using a "portable clothes line and a broomstick" to keep Waiomio at bay.
Mr Jackson said the victim of the knife attack described the pain as "agonising" and told the court he had never been more scared in his life.
"To put it bluntly, (they) should both purchase lottery tickets because they were both extremely lucky that night," he said.
"(The victim) is extremely lucky that he didn't have a much more serious injury or indeed had been killed.
"And Mr Waiomio is extremely lucky that he is not before the Supreme Court on a charge of murder."
Defence barrister Paul Rutledge, of Barron and Allen Lawyers Mackay, told the court that before police arrived, his client got a "pretty good beating" that night and was left with significant facial injuries.
Mr Rutledge said it was a "spur of the moment decision" that the father of two wished he could take back.
"He frankly admits he went back and got the knife. He doesn't know why he did it. It was wrong," he said.
"He doesn't seek to diminish the seriousness of what he did. He accepts responsibility for what he did and regrets it and has always been prepared to apologise for it."
The court also heard that Waiomio confessed to knifing the man in the neck on the night but the confession was later ruled inadmissable because he had made it to police before receiving medical treatment for his facial injuries.
Waiomio, who was born in New Zealand and speaks fluent German, has a Swiss wife and two young children who have since had to return to Switzerland.
"His family cannot visit him, his wife is not allowed back in the country so any time he spends in jail getting his due punishment is effectively spent alone and that cuts at his core," Mr Rutledge said.
Judge Ian Dearden said Waiomio's biggest mistake that night was "bringing a knife to a fist fight".
"It's only the grace of god or whatever deity you believe that he didn't suffer far more serious injuries or potentially get killed," he said.
Waiomio was sentenced to five years' jail, to be suspended in June, 2020.
He will be deported back to New Zealand upon release. - NewsRegional