Brothers face Bendigo court over Shamrock Hotel racist attack

Golden Square brothers Jack Dillon Wharton and Braden Wharton faced the Bendigo Magistrates' Court over the drunken attack on two Shamrock Hotel security guards and a member of the public on November 11, 2022.

The pair appeared separately before the court on August 16 pleading guilty to the attack and racial vilification at the iconic Bendigo hotel.

The court heard the brothers and a number of other people were denied entry to the hotel by security for being intoxicated around 9.23pm on the night of the attack.

An unknown female accompanying the Whartons then struck a staff member on the face.

Police prosecutor Abdul Fakhouri told Magistrate Kelly that at one point both security guards were "on their backs" with the Whartons kicking at the victims.

He said the pair were using "racial slurs".

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With Jack appearing before Magistrate Russell Kelly, and Braden before Magistrate Sharon McRae respectively, both courts were told the victims were tackled, punched and kicked a number of times before the unknown female took a security ID and hat which are yet to be recovered.

At one point, Jack removed his shirt off, called the victims "Indian dogs" and asked them to fight.

Braden also used racist language and threatened to "chase and shoot" the victims.

Jack then pushed a third victim, who was a random member of the public passing by the hotel.

The court heard the pair both have intellectual disabilities and are now working and engaged with support services.

For the racist attack, Jack faces multiple unlawful assault charges and a breach of a community corrections order while Braden faces charges for two unlawful assaults and a charge for failing to comply with a good behaviour bond.

Braden received a $1000 fine with conviction and $136.70 statutory costs.

Magistrate Kelly told Jack he would leave the matter "hanging over his head" - and it will return to court on December 19, 2023, part heard before him.

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On that occasion, the court has asked for an updated report from his counsellor.

His bail has been extended, he is not to attend any licensed premises nor able to approach within 10 metres of the Shamrock Hotel.

The court heard Magistrate Kelly had previously considered a custodial sentence and, if Jack were to commit further offences while he is on bail, "you are in a world of trouble".

"Imagine doing your job and some drunken idiot tries to fight you," Magistrate Kelly told the court.

In addressing Braden, Magistrate McRae called the behaviour "thuggish and awful".

"No one ought to go to work and be racially vilified - particularly by someone that is drunk and trying to get into a pub," she said.

"They're doing their job in not letting you go in there."

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