07 November 2010

Indian attack not motivated by race hate

An attack by a Melbourne man who racially abused an Indian student as he bashed him unconscious was not motivated by racial hatred, a judge has found.

Shayne Comensoli, 20, punched, kneed and kicked Lucky Singh in Melbourne's west early on October 15, 2009, causing him to fall the ground unconscious and bleeding heavily.

During the attack, Comensoli repeatedly told Singh to "Shut up, you Indian motherf***er", the Victorian County Court heard on Friday.

Ordering Comensoli to serve youth detention for the attack, Judge Meryl Sexton said while the bashing was "very serious and almost sickening", it was not racially motivated.

"I am satisfied beyond reasonable doubt that at the point in time when you were attacking Mr Singh, you hated him," she said.

"However, it is difficult to be satisfied to the same degree that your offences was wholly or partly motivated by hatred of Indian people in general."

Judge Sexton said a psychologist's report showed Comensoli was a violent person with "little regard for who (his) target is".

Had Judge Sexton found the attack was racially motivated it would have been an aggravating feature and could have led to a higher sentence.

"But I treat as an aggravating feature that you felt that way towards Mr Singh for no good reason, and he had done nothing whatsoever to cause you to feel such anger and hatred," she said.

Comensoli, his friend Lennon Metaxas and a third man Aleksander Trifunovic were driving around Melbourne's west when they spotted Mr Singh, who was using a public phone at Sunshine, the court heard.

Without provocation, Metaxas, who along with Comensoli was "severely" alcohol affected, hit the man with a blow so powerful it knocked him to the ground.

Comensoli grabbed hold of Mr Singh while Metaxas continued to repeatedly punch him in the face and head.

Comensoli then joined the attack, punching, kneeing and kicking Mr Singh, before leaving him bleeding heavily and unconscious on the ground, the court heard.

The pair also stole Mr Singh's wallet.

Judge Sexton said the attack occurred during "a spate of reported offences of violence against men of Indian ethnicity" in Melbourne's western suburbs.

Before the attack the pair walked past another man, who apparently was not Indian, and did not attack him, she said.

"Your behaviour was quite outrageous," Judge Sexton said.

"Mr Singh goes by the first name of Lucky. He is indeed lucky that he was not even more seriously injured."

Comensoli, formerly of West Sunshine, pleaded guilty to intentionally causing serious injury and robbery.

Judge Sexton ordered Comensoli serve three years in a Youth Justice Centre, which is the same sentence Metaxas, 20, received at an earlier hearing.

Non-parole periods are not set for youth detention orders.

Trifunovic, 20, was fined $3000 for assisting in the robbery.

5 Nov 2010

Another clear example of perjury in which the sentencing judge should be stood down from the bench.

Since the Anglo - Masonic Law System is unshakable no such reprimands will take place against their brethren.

The judge was clearly aware that it was a racially motivated attack, yet he proceeded to falsely deduce that it was NOT.

More exposed lies within the legal system, BUT no one does anything about it.

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