Bash victim's fight for award
15.11.1997
By: KOCH A Source: QNP
MT Isa Mines electrician Peter Gowlett joined his mates in a drinking session at the popular Irish Club.
It was approaching Christmas, 1994 and they were on strike.
He is a single man, so he stayed with his mates from 11am to 8pm when he decided he'd had enough and began to walk home.
``On the footpath there was a group of young fellows. I went to walk past, and one stepped in front of me. I side-stepped and he did the same,'' Mr Gowlett said.
``I then told him to get out of my way, and added an expletive. He knocked me to the ground and the whole lot then started into me.
``The bloke in question was just under 17, and he got nine months for the assault.
``I was hospitalised for three days and have almost lost the sight of my right eye.''
Mr Gowlett, who has been in Mt Isa for 34 of his 37 years, became one of Queensland's hundreds of victims of violent crime.
He also joined the group which is having to battle Attorney-General Denver Beanland for the compensation awarded by the court _ to cover his medical treatment and rehabilitation.
On March 21, 1997, Judge Gil Trafford-Walker heard all the facts and set the award at $65,000.
In his decision, the judge noted that Gowlett was ``left unconscious on the footpath'' as a result of the attack.
The judge said: ``Taking into account how the incident started, I have come to the conclusion that there was nothing in his (Gowlett's) conduct which caused the offence to be committed.
``This incident had its beginning in the conduct of the offender and his group who blocked the path of the applicant on his way home.''
The Justice Department has challenged the award, asserting that Mr Gowlett ``may have provoked the incident'' because he was intoxicated and because he used an obscene word to the assailant.
The department also has ``noted'' that Mr Gowlett was convicted of possession of marijuana nine years ago and is concerned that he may spend some of his award on ``illegal drugs''.
Psychiatrist Ian Curtis examined Mr Gowlett and stated that the victim smoked up to 10 cones a day so he could relax and sleep.
Dr Curtis also noted he suffered a chronic post-traumatic stress disorder, a generalised anxiety disorder and social phobic behaviour as a result of the assault.
Counsel for Mr Gowlett, Tony Bailey, said it was appalling that the Government could bring up a minor drug conviction from almost a decade ago as a possible reason to knock back an award given by a judge who had heard all the circumstances of the case.
Mr Gowlett said he would use the money to have a holiday and take time off for necessary treatment to his eye.
