$500 fine for choking attack after work bullying

A MARYBOROUGH man who was bullied by his work colleagues has been fined $500 for trying to choke one of them during a violent incident.

The man's two colleagues were sacked by their employer after an investigation found the attack was a result of months of provocation.

Damien Andrew Clark pleaded guilty in Maryborough Magistrates Court to one count of assault occasioning bodily harm.

Police prosecutor Sergeant Kathryn Stagoll said the two complainants told police on January 29 Clark had tried to choke one of them.

Sgt Stagoll said while coming back to lunch there was a verbal exchange between the trio during which one of the men poked Clark in the chest.

Clark retaliated by pushing the man so hard he stumbled back and tripped on some tyres. He then grabbed the man by the throat and started to choke him.

The attack was only stopped when the other man punched Clark in the face.

Clark then waked away from the pair and into their employer's office.

Defence lawyer Travis George said Clark had endured months of teasing from the other two men.

"Some of the documents shown to police would make it likely to be workplace bullying," Mr George said.

"As he told police, he lost it on this particular day."

Mr George said Clark also suffered from a bipolar disorder and anxiety.

Clark has faced no other criminal charges for the last ten years.

Magistrate John Smith said it was clear Clark's employer had thoroughly investigated the matter.

"It speaks that you are still working and the other two are not," he said.

"Your sentence is much less because of the provocation over a period of time."

Mr Smith fined Clark $500 and no conviction was recorded.



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