23 May 2022

Video captures bystanders laughing as man is violently assaulted in 'humiliating' attack

| Albert McKnight
Jamie Mitchell Barry

Jamie Mitchell Barry, 18, has been refused bail over an assault from earlier this year. Photo: Facebook.

Footage has been screened in court showing several men cackling as a complainant was knocked unconscious, tormented and indecently assaulted outside a Canberra home.

The closed-circuit television footage (CCTV) from early on the morning of 26 March 2022 was played as part of a bail application for 18-year-old Jamie Mitchell Barry of Dunlop.

Reading court documents describing the event appeared to turn Magistrate Jane Campbell off watching the footage.

“I don’t know if I really want to see the CCTV,” she said after reading them.

The incident started at about 3 am after the complainant was knocked unconscious, allegedly by Mr Barry, and was lying unmoving on the ground outside the Dunlop house while several people walked around the yard.

High-pitched laughing could be heard, while two men filmed his prone body on their phones and someone committed an act of indecency against him.

He eventually regained consciousness and someone committed another act of indecency against him. He stood up, then fell into a nearby vehicle before getting into another car parked on the street.

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Court documents allege Mr Barry punched the complainant in the face a number of times inside and outside the home, kicked him numerous times, slapped him, picked him up and threw him into the road.

One of the alleged kicks to the face knocked him out and Mr Barry allegedly punched him in the face while unconscious.

The 18-year-old also allegedly told him: “I’ll kill ya” and “I’ll put a bullet in ya”.

Police said the assault lasted for 12 minutes. When they met the complainant they saw he had swelling and dried blood on his face as well as cuts to his lip and tongue.

Mr Barry represented himself when he applied for bail in the ACT Magistrates Court. Bail was opposed by the prosecution.

“I was highly intoxicated, I don’t really know what I was doing then [on that night],” he said.

He said if released on bail he would meet any bail conditions and could work as a concreter with his father and brother.

Magistrate Campbell said the footage showed a very serious, prolonged and violent assault on a person where threats of retaliation were made.

She said others were laughing and encouraging Mr Barry’s alleged actions and while some tried to stop him, he “continued to torment the complainant” and “engaged in extremely humiliating behaviour”.

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Magistrate Campbell said he allegedly “targeted” the complainant because he thought the man was involved in criminal proceedings against his friend, which raised concerns for her that he could intimidate witnesses.

The seriousness of the assault also gave her concerns over the protection of both the community and the complainant. She did not think any conditions could ameliorate the risks, so refused bail.

“I don’t know that guy,” Mr Barry said when told bail would be refused.

“It wasn’t targeted. I was informed…” before he was told to stop speaking.

The case was adjourned to 7 June for mention. Mr Barry has not entered pleas to 10 charges, including five of assault, two of committing an act of indecency without consent and single counts of robbery and making an intentional threat to kill another person.


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