News Dane Swan Being Sued Again Over Same Incident

[Number 10]

http://www.heraldsun.com.au/sport/afl/dane-swan-sued-over-brawl/story-e6frf9jf-1226043543320

The court heard that Swan and Ramsay jumped into the fray to defend Carey when he was confronted by a guard after jumping on the bonnet of a moving car.
The court was told Carey beat up a cleaner and three security guards with the help of his two mates.
Judge John Barnett said Carey was provoked and Swan and Ramsay joined the fight to defend their friend.
The judge found that Swan had minimal involvement.
Carey was also given a two-month wholly suspended jail sentence for punching a policeman in the face.

http://www.heraldsun.com.au/sport/afl/dane-swan-sued-over-brawl/story-e6frf9jf-1226043543320

This guy just needs to leave it alone, he lost last time, he will probably lose again.

 

[mattys123]

Meh, it will be thrown out of court, just like the last attempt was.

 

[Swooop]

I'm no lawyer, but it's very unlikely to succeed you'd think, doesn't sound like there's any new evidence. Plus the incident was eight years ago. Looks vexacious.

Still it's a thorn in Dane's backside I guess, though he's never shown much baggage over it externally or performance wise, in the past.

PS Number 10, perfect posting technique there.

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That's how it's meant to be to bypass any possible infringement of copyright i think.

 

[Baltimore Jack]

I think this is a little different as its a Civil matter The last Court case was a criminal matter So it goes from "beyond a reasonable doubt" to "on the balance of probabilities" At least I think that is what this is about but I don't have any first hand knowledge

 

[Number 10]

I think this is a little different as its a Civil matter The last Court case was a criminal matter So it goes from "beyond a reasonable doubt" to "on the balance of probabilities" At least I think that is what this is about but I don't have any first hand knowledge

Agree, seems like he is now just wanting compo instead of any extra criminal charges (as the report said, they have performed due public service).

Thanks swoop, I've been learning.

 

[the woodsmen2010]

As i read it, the guard and then cleaner approached carey with swan then helping out his mate, been to court a fair few times(not me my brother is a shit head) i think thy will throw this out straight away, this bloke is like the st kilda school girl soon as he is out of the paper bang i got some new evidence... Needs to build a bridge and move on....

 

[FIGJAM]

Not condoning what the guys did, but it was a hell of a long time ago, and if I were a security guard who got beat up by 3 slight of frame 19 year olds, I'd probably be inclined to STFU and move on.

 

[Reykjavik]

Trying to work out how this isnt barred by the Statute of Limitations (Limitation of Actions Act).

Obvious hurdle requirement - may try to have it struck out before going to mediation.

 

[PieBeast]

Looks like Kade Carey was telling the truth all along, albeit slightly exaggerated security numbers
http://the-speccy.blogspot.com/2008/01/interview-kade-carey.html

unning and yelling at us to stop. There were from memory five security guys, or bouncers, as they are known. And one other man who I was told after the incident was a cleaner. And the girls following them. At this stage Dane was about 200 metres ahead of us. I remember thinking we are so out numbered by these guys, we are going to get bashed. All the bouncers surrounded me and I felt threatened. I told them to leave us alone. It has nothing to do with them, because we were not in Fed square. I told them to piss off and get out of my way. They said they were not going to let me leave, they then all walked in towards me. (This was all on camera.) I reached out and pushed one of the bouncers. That is when they all attacked me and got me to the ground. Dane must have seen it from where he was standing, and came running back to help me. I remember covering my head up when I was on the ground. I looked up and seen Aaron tackle the bouncers off me. I got to my feet and just started fighting, anyway I knew how. I remember being hit pretty hard with something, but I was that fired up I just kept fighting. When we got the video of the fight, it turned out I had been hit in the head by a mag light. Which is a big police torch, by the cleaner. Which he admitted in court. The three of us ended up getting the better of them.

http://the-speccy.blogspot.com/2008/01/interview-kade-carey.html

 

[PieBeast]

Not condoning what the guys did, but it was a hell of a long time ago, and if I were a security guard who got beat up by 3 slight of frame 19 year olds, I'd probably be inclined to STFU and move on.

Mate, I've just finished a security course and some of the people that apply for sec license are laughable.

 

[Number 10]

I second the uselessness and thugery of most* (not every) security guards.
Everyone will have their stories but I've only met a few (worked in clubs etc over 2007-09) who actually treat their job like their job, the are just power hungry and think they actually are superior to everyone and think they have a right to bash people.

Not long ago I was king hit by a bouncer at least 2 times the weight of me (and I'm 90 kg) - in fairness I had an ongoing feud with the manager of the place from previous discressions (when I was working there) and we traded strong words, but in no way did I provoke him with violence, let alone the 180+ kg bouncer. Anyway, $1000 in dentist bills and a sore jaw later, I have no respect for bouncers like this and would never be able to look at them in a good light.

End Rant/ Sorry.

 

[Kirby]

The last proceeding from last year was pursuant to the Sentencing Act where victims of crime can seek damages from the perpetrator.

This proceeding is brought by a security guard against his employer and the perpetrators under the auspices of Workcover as the guard was injured in the course of employment. He has sued his employer, Federation Square and each of the three men.

This matter has proceeded through a pre litigated process under the Accident Compensation Act in which all parties were represented but that failed to settle the claim. This guard is seeking damages now for pain and suffering arising from the incident. In order to succeed he needs to prove negligence by at least one of the named parties.

It will be very hard for the three men to escape a finding of negligence considering they all pleaded guilty in the criminal proceeding. The employer will also be in the gun (because they always are) as allegations will be raised against them for inappropriate training, lack of assistance etc.

I know that the 2 others involved (apart from Dane) claim to have no money and obviously have no insurance cover. Dane has means of course.

Most of these matters tend to settle before hearing at mediation etc. They do tend to be a bit more tricky with multiple parties for obvious reasons. The odds are that this will settle like most other cases.

 

[jonbe54]

Correct guys on bouncer behaviour - If anyone wants to see and hear how bouncers should be trained watch Patrick Swayze's "Roadhouse" in which he plays a famous "Cooler" - or director of bouncers. He takes over the job of bouncer boss in a bloodhouse and teaches the boofheads how to handle the job without carrying on like a thug. Besides everything its a great movie.

 

[PieBeast]

I know this won't be a popular opinion as its a security guard vs our Swanny but security industry has had a substantial clean out in the last couple of years.
There are very strict legislations in place nowadays. There are cameras at 99% of the venues so if anyone feels aggrieved by the bouncers behavior they are more than entitled to take the matter to the cops.

 

[jonbe54]

I know this won't be a popular opinion as its a security guard vs our Swanny but security industry has had a substantial clean out in the last couple of years.
There are very strict legislations in place nowadays. There are cameras at 99% of the venues so if anyone feels aggrieved by the bouncers behavior they are more than entitled to take the matter to the cops.

Agreed PieBeast I had a Fijian mate who was a bouncer - HUUUUGE bloke and as gentle as a lamb, his training was to dominate a situation through force of personality rather than fists and feet.
A couple of times I saw him almost reduced to tears because he had to use force to control a situation - he saw it as a failure on his part.

 

[mattys123]

If he's expecting to get anything out of Swanny, he's sadly mistaken.

http://www.heraldsun.com.au/sport/afl/dane-swan-sued-over-brawl/story-e6frf9jf-1226043543320

The judge found that Swan had minimal involvement.

http://www.heraldsun.com.au/sport/afl/dane-swan-sued-over-brawl/story-e6frf9jf-1226043543320

No matter what Dane plead in the original criminal case, he won't be paying anything out at this hearing, the other 2 might, but not Dane, who can, and will use the Judges comments if this does go to court.

 

[Kirby]

No mate. He will be paying something.

 

[Swooop]

No mate. He will be paying something.

I think I'll stick with Kirby on this one.

Seems to have more than a modicum of knowledge in this area by the sounds of things.

Let's just hope it gets settled quickly for Dane's peace of mind sake.

 

[Ed D]

Sounds like a win for the lawyers more than anything else.

 

[Thommo 42]

I especially liked the fact that the 'fight' was captured on video in its entirety and it showed that 4 bouncers and a security guard attacked Kade Carey before Swanny & Ramsay arrived to help/defend Carey. This little fact seems to be constantly ommitted by media reports.

 

[Nardz]

had a bit of a read throught he kade carey interview on the blog...

this quote stood out for me

We had it on good advice that we had a very strong case. However to this point already I had spent $20,000 in legal fees, and was told that it would go close to costing us another $40,000 each. This put myself and my father under a lot of stain. So I had to plead guilty for financial reasons

of course without knowing full stories i'm not going to defend any of the guys involved.. but i find it disgusting that there are cases (many cases im sure) where people just cop it sweet because they can't afford to defend themselves. whilst they may avoid jail sentences, they're stuck with criminal records for pretty much the rest of their lives. this affects employment prospects etc.

this country has a ****ed up legal system.

 

[StillWaiting5689]

It is a shame that incidents like this can carry on so long, especially for those people that make an effort to turn their life around like Dane has.
However thats how things go, if you do something stupid you have to face the consequences.

 

[buckstheking]

It is a shame that incidents like this can carry on so long, especially for those people that make an effort to turn their life around like Dane has.
However thats how things go, if you do something stupid you have to face the consequences.

Mate, Dane didn't have a cause to "turn his life around".

The facts of this story are, a few meathead bouncers and a meddling cleaner, thought they were going to get to beat on a few kids (which is standard practise). Unfortunately for the bouncers, instead of beating/kicking the shyte out of the intended targets, they came up against three "kids" that actually can look after themselves...........

In a nutshell, when the fists started to fly, the bouncers came up short.

Hopefully the meatheads learnt a lesson, as well as Swanny and co.


EDIT: yes, hopefully a few lessons were learnt by most invloved in this case.

I'm making a call this thread doesn't have a lot more to offer, and given mods are low on the ground over easter and the thread has had much work required already, might just put it to rest, if that's OK