Two brothers jailed for a pub fight that killed a man have been released on parole after only 18 months in prison.
Mitchell Clay Dowling and his half-brother Jay David Blazely were each sentenced to around two and a half years jail for the bashing of Tony Brown in ALH’s Mowbray Hotel on 17 July, 2013.
The prosecution was unable to meet the burden of proof for murder, and the men were each charged with inflicting grievous bodily harm and assault.
The jury rejected their claims of self-defence, and Justice Robert Pearce condemned their conduct and “unmeritorious attempt” to blame the Hotel.
He noted that Brown had significantly provoked the brothers, but because no direct link to his death had been proven and they were not charged with murder, Brown’s death could not be taken into account in sentencing.
They were sentenced to two years and three months, and two years and six months (respectively), backdated to their arrest in October, 2013. Recent parole hearings, eligible after half of the sentence, found they had behaved as model prisoners.
‘‘The applicant has completed the Stopping Violence course and reports indicate that he participated openly and to an excellent standard,’’ Dowling’s parole board decision stated.
The men will be subject to strict conditions, including a curfew and testing for illicit substances.
The high-profile case drew much attention, and Dowling is required to live at an undisclosed address, presumably for his own protection.