‘Blind explosion’: Brisbane man ordered to compensate referee for assault
By Cheryl Goodenough
A Brisbane man has apologised in court for assaulting a referee after an amateur game of Oztag erupted in claims of bias.
Benson Leipau Pauga had approached Jason Fernie in the July 2022 game’s second half after his team accused the referee of favouring the opposition, a Brisbane court was told on Thursday.
After a verbal exchange, Pauga punched the 49-year-old on the jaw.
Fernie fell backwards hitting his head on the ground and convulsed, with blood on his mouth.
Pauga, now 34, left the sports ground while Fernie, a referee for 22 years, was taken to hospital with a brain bleed and concussion.
Oztag is a non-tackling version of rugby league.
On the judge’s instructions, Pauga turned in the Brisbane District Court dock to face Fernie, before tearfully reading a letter of apology.
“What I did was wrong, I really made a stupid mistake,” he said.
“I hope that you find it in your heart to forgive me.”
As Pauga finished, Fernie stood up and shook his hand.
It was clear from Fernie’s victim impact statement the assault had a significant emotional and physical impact on the referee and his family, Judge Paul Smith said.
The court was told Pauga described his conduct as a “blind explosion” during a week in which he separated from his wife and his partner in a scaffolding business had left.
“Referees need to feel safe from players but there was only one punch,” Smith said.
Taking into Pauga’s guilty plea to one count of assault occasioning bodily harm, Smith sentenced him to a 12 months’ intensive corrections order, recording a conviction.
Pauga, who was raised in West Auckland moving to Australia in 2009, risked being deported if he was sentenced to actual time in custody.
He was ordered to pay $5000 compensation to Fernie within six months.
The court heard he has a lifetime ban from playing Oztag.
It was good that Pauga apologised but his actions were totally unacceptable, Fernie said outside court.
Describing the legal system as pretty soft and the compensation amount “a joke”, Fernie said the outcome was disappointing and he still suffered after the assault.
“I can’t ref anymore, that’s what hurts the most – I miss my Oztag family,” he told reporters.
Australian Oztag general manager Luke Manahan said the organisation took a strong stance towards abuse against referees and officials.
“We know how important referees are for our game,” he said.