Aidan Cusack lost the tip of his pinky finger after he was tackled through a fence at an Australia Day pool party.
Aidan Cusack lost the tip of his pinky finger after he was tackled through a fence at an Australia Day pool party.

$10k pinky payout for Australia Day amputation

A COUNCIL worker has been ordered to pay $10,000 after he caused a man to lose the tip of his pinky finger at a booze-fuelled Australia Day pool party.

Springfield forklift driver Aidan Cusack, 24, went to the party to meet his girlfriend’s family for the first time, but ended up losing the tip of his right little finger when he was “crash tackled” through a pool fence at Ferny Grove house on January 26, 2018.

The court heard the family barbecue descended into “pandemonium” when, after a day of drinking, Brendan Rhys Jones, 32, clashed with Mr Cusack, telling him he was “pussy whipped” for not having a tequila with him.

Adrian Cusack needed six stitches on his eyebrow after the assault.
Adrian Cusack needed six stitches on his eyebrow after the assault.

“What, are you going to let your little bitch control you?” the court heard Jones said.

Later in the night, Mr Cusack’s girlfriend and Jones’s wife got into a scuffle.

When Mr Cusack rushed to his girlfriend’s aid, Jones hurtled him through the fence, then “held him down by the throat” and punched him until other partygoers could pull him off.

Mr Cusack, 24, was driven to hospital where he received six stitches on his eyebrow, treatment for his finger and later required surgery for injuries to his wrist.

Aidan Cusack also had his wrist ligament ruptured.
Aidan Cusack also had his wrist ligament ruptured.

The top of his finger could not be reattached and he spent significant time off work, the court heard.

Jones originally pleaded not guilty to grievous bodily harm, claiming he acted in self defence and a trial in September resulted in a hung jury.

A second trial was due to begin this week at Brisbane District Court, but was aborted when Jones pleaded guilty.

The tip of Mr Cusack’s finger could not be reattached.
The tip of Mr Cusack’s finger could not be reattached.

Defence barrister Geoff Seaholme said there had been an attempt to mediate the matter outside court, but there was “no way” Jones could afford to pay Mr Cusack the $50,000 he sought for compensation.

He said while Jones had worked for Ipswich City Council for 12 years, he was supporting a young family and $10,000 was all he could pay.

“I know it’s a meagre amount but he’s supporting three children, Your Honour,” Mr Seaholme said.

Judge Paul Smith said it was a “borderline” case and the injuries were unusual.

“I could impose actual custody but I can’t ignore your family situation, your plea of guilty and offer of compensation,” Judge Smith said.

“I’d strongly caution you in the future to keep your temper to yourself.”

Jones was sentenced to 18 months’ jail with immediate parole.

He will need to pay the $10,000 within two years. – NewsRegional



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