Thursday Oct 4, 2007

Retired St Kilda AFL footballer Fraser Gehrig has avoided a conviction over his involvement in a pub brawl on grand final eve last year.

Gehrig successfully applied to the Melbourne Magistrates' Court on Thursday to have a charge of unlawful assault dropped and replaced with one count of common assault.

The former St Kilda player, who retired from football last month, stepped into the brawl to try to break it up, his lawyer Marita Altman told the court.

Gehrig, Brisbane Brownlow medallists Michael Voss and Simon Black, along with former Brisbane player Steven Lawrence, were charged with assault over a fight at the Prince of Wales Hotel in St Kilda on September 29, 2006.

Voss, the 1996 Brownlow medallist and triple premiership captain who retired last year, is alleged to have struck pub patron Jarrod Rouse with an open hand, while Black is accused of kicking him.

Ms Altman argued that Gehrig had tried to break up the brawl when he was pushed in the back by Rouse's girlfriend Jaclyn Cameron.

Gehrig then turned around and "instinctively" pushed Ms Cameron, who fell over, Ms Altman said.

Magistrate Paul Smith said that he was satisfied Gehrig had not meant to harm Ms Cameron.

"It occurred in the middle of a melee involving numerous people," Mr Smith said.

"He has played the least role in the melee."

The fight started when Lawrence pushed a pool cue close to Ms Cameron's face.

Lawrence then allegedly struck Rouse in the face with a clenched fist and another former player Craig McCrae allegedly punched him in the head.

Brisbane assistant coach Craig Lambert allegedly threw beer at Rouse who responded by throwing a billiard ball at him.

McCrae and Lambert were not charged.

Voss and Black successfully applied in court earlier this week for a diversion order.

Mr Smith agreed Gehrig should also have that option.

"Given they played a greater role than Mr Gehrig, then it would be unfair not to allow him to have a diversion order," Mr Smith said.

"I do not believe Mr Gehrig should end up with a criminal record for the rest of his life from an ill-conceived push in the back."

Gehrig has been ordered to do community work for the Alcohol Related Brain Injury Association - which provides services in alcohol and other substance related brain impairment.

Earlier this month, Magistrate Duncan Reynolds rejected Gehrig's application for a diversion order.

However, Mr Smith changed the charge from unlawful assault to the lesser charge of common assault which made Gehrig suitable for the diversion program.

Issued by a magistrate for a minor first-time offences, this allows an offender to avoid a conviction and usually involves community work, making an apology, or a fine.

Outside court, Gehrig declined to comment about the matter.

Lawrence will appear in court on October 30.

Rouse, 29 from Box Hill, was fined $2,800 last month after pleading guilty of conduct endangering serious injury.

Link to story on Nine MSN website: Gehrig avoids conviction over pub fight