A man who led a “lawless and violent” attack on a teenage boy suspected of sexually abusing a child has been jailed for at least eight months.
Omaha Vaivela, 38, pleaded guilty in the Brisbane District Court on Thursday to unlawfully causing grievous bodily harm to a 17-year-old boy by kicking and punching him.
Vaivela also aided and encouraged four other youths to attack the boy with weapons including a metal pole, a guitar and an extension cord wrapped around the knuckles.
The boy suffered swelling and abrasions to the face and a broken jaw that required surgery and the insertion of four metal plates to reset.
The group attack took place at 5.15pm on September 24, 2021 in the garage of Vaivela's home in the southern Brisbane suburb of Sunnybank Hills.
Omaha Vaivel (right) arrives at the Brisbane District Court, in Brisbane, Thursday, December 14, 2023
Crown prosecutor Katrina Overell said Vaivela heard allegations earlier in the day that the 17-year-old had engaged in sexual activity with a much younger girl.
The four other youths planned to attack the boy, but Vaivela told them not to touch the boy until he spoke to him first.
“(Vaivela) told him to 'take it like a man' and that whatever was going to happen 'was here to stay,'” Ms. Overell said.
The court was shown a video of the attack, filmed by one of the youths, which showed the boy sitting in the garage while surrounded by Vaivela and the group.
In the video, Vaivela was seen telling the boy that they would address the issue immediately and that he should not tell anyone.
The youths then attacked the boy before Vaivela joined in and the boy was punched, kicked and punched with weapons over the course of 10 seconds as he lay on the ground bleeding from the mouth.
After one of the youths called for the group to stop, Vaivela continued to kick the motionless boy.
For the next few minutes, neither the youths nor Vaivela offered help to the boy, but could be heard shouting insults.
The 17-year-old was later taken to hospital and faced juvenile proceedings for alleged sexual offences.
Ms Overell said Vaivela was guilty of a clear case of willfulness and that his behavior was not excused by the accusations he had heard against the boy.
Vaivela's lawyer John Jacob said there were unusual circumstances and his client's offending was outside the character of a successful businessman who made significant donations to the community.
“He didn't initiate the violence, but he did engage in it… he was consumed with rage,” Jacob said.
Judge Brad Farr did not accept Mr Jacob's claim that Vaivela's offense was not premeditated.
Judge Brad Farr did not accept Mr Jacob's claim that Vaivela's offense was not premeditated. The photo shows the Queensland District Court in Brisbane
At sentencing, Judge Farr said Vaivela had committed serious offenses but was also remorseful and his emotions were running high at the time.
“Vigilantism has long been recognized by the courts as an activity that the courts cannot condone,” Judge Farr said.
Vaivela was sentenced to three and a half years in prison, which was suspended after eight months, with $5,000 in compensation for the bashing victim.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redressal Support Service 1800 211 028