Two security guards who were arrested after they repeatedly punched a man and assaulted two women during an altercation at Scarborough’s Lookout Bar last April have been spared jail time after a magistrate heard they were likely suffering from PTSD as a result of a traumatic childhood in Bosnia.
Enver and Nezir Ibrahimovic were arrested and charged after an incident began with a patron spilling water on the dance floor at the venue. He then began kicking it and sliding around, which led to him being escorted from the premises.
An altercation then ensued with one of the brothers “mounting” the victim and punching his head repeatedly. He was then additionally punched twice and kicked in the head.
A woman nearby allegedly filmed the incident on her iPhone. Nezir Ibrahimovic is then alleged to have taken the phone off her and “assaulted her in the process”, the court heard.
The victim was later treated for injuries to his head and face at Joondalup Health Campus. He had cuts to his lips and bruising on his face.
“It was a gross abuse of their position in security,” prosecutors said.
“The level of force used was excessive.”
Nezir Ibrahimovic was charged with two counts of common assault, assault occasioning bodily harm and a charge of stealing in relation to a mobile phone that was being used to record the incident.
He pleaded not guilty to stealing the mobile phone and will be taking the matter to trial next month.
Enver Ibrahimovic was charged with assault occasioning bodily harm.
On Wednesday, during their sentencing, the court heard the brothers’ actions were out of character and likely as a result of repressed childhood trauma due to growing up in war-torn Bosnia.
Each wrote the court letters of apology, acknowledging that their actions were disproportionate and that they regret the harm caused to the victim.
The magistrate, who viewed the footage, said it was “chilling” before telling the men the incident may have been a blessing in disguise as she learned that they had used the incident to take up counselling to address problems from the past.
“You both experienced overwhelming trauma as very young boys,” the magistrate said.
“Your village was close to the border and was the first to be attacked in the war.
“You fled and had to hide in the woods, and both sets of grandparents were murdered in what were no doubt unspeakable circumstances.
“You continued to live in Bosnia for some 12 months with a family in a house that only had two rooms for both families and then fled to Switzerland while your father stayed as part of the war.”
The brothers and their family then came to Australia as refugees.
They were each given an intensive supervision order for 12 months and ordered to pay $500 fines to each of the victims, as well as court costs.
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