The man who pulled out two machetes to protect his friend in a fight rather than call police has been labelled “shameful” by a magistrate, who said he will serve time in jail for his crime.
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The deadly brawl in White Street, Wangaratta in the early hours of May 20 resulted in the death of Russell Berry – after his friend Paul Kerr had run away.
Kerr, 47, appeared in Wangaratta Magistrates Court on Monday, pleading guilty to intentionally causing injury and affray, but would not detail his actions any further than admitting he did produce and use the weapons.
He had drank more than 10 cans of alcohol and smoked cannabis before he and his friends were set upon by cousins Jacob Allan and Christopher Meaney, who mistakenly thought Mr Berry calling his friend by the nickname “Boo Boo” was an insult directed at them.
Solicitor Joe Battiato said Kerr ran inside the house when the fight started, but was the only one of Mr Berry’s friends to go back and help.
“I saw Russell was getting a flogging, they were kicking the s--- out of him,” Kerr said to police. “I went outside to try to save Russell.”
Magistrate Stella Stuthridge questioned why it was left to neighbours to call tripe zero.
“None of them called police or the ambulance either, it’s pretty shameful,” she said.
Police prosecutor Acting Sergeant Heath Dosser said witnesses saw Kerr pull the machetes out of his overalls.
He said Kerr cut Allan’s forehead, chest and ankle – which required surgery – and Meaney’s thumb and elbow, as well as fracturing the tip of the elbow.
Kerr fled the scene when Meaney picked up one of the machetes, but was arrested later in the morning.
Allan is facing charges including murder for allegedly killing Mr Berry by punching him and stomping on his head and chest.
The case was adjourned until February for Kerr to undergo a psychological assessment and organise care for his elderly parents for when he goes into custody.
“He has to receive some jail,” Ms Stuthridge said.
“This is without a doubt, one of the most serious affrays you can get.”