Drinker who caused chaos at Shamrock in court over Piano Bar fracas

In November 2022, Jack Wharton and his brother Braden attacked Shamrock Hotel bouncers who had denied them entry for being drunk.

The Wharton brothers had tackled, punched, kicked and racially abused the security guards.

Under the terms of his August bail over the incident, Jack Wharton was ordered not to be within 10m of the Shamrock or to attend any other licensed premises.

But on September 8 he, Braden and a friend turned up at the Piano Bar on Williamson Street and were drinking and allegedly being disruptive and abusive towards staff, including manager Heath Penbrook.

Braden was also "persistently holding his middle finger up" at a person on the dance floor.

On September 23 the trio were again drinking at the bar when they were asked to leave by Penbrook, who was then allegedly "manhandled" by Braden.

The Bendigo Magistrates Court heard the brothers threatened Penbrook that they would "hire someone to make you a paraplegic" and told him "we know who you are".

Braden made finger-gun gestures at the manager and told him "I'll kill you" and "you're dead" - threats which were captured on CCTV.

After Jack Wharton and his friend left the bar they met two "vulnerable 15-year-old girls", who were living in out-of-home care, and encouraged them to go back to his Golden Square house, according to police prosecutor Leading Senior Constable Martin Friend.

At the house one of the girls became concerned about their safety and contacted care workers to be picked up, the prosecutor said.

Police then came to the door looking for the other girl but Jack Wharton told them she wasn't there and refused the officers entry to the house.

When they returned with a safe custody warrant for the teenager, officers were greeted by both brothers, who stood in the doorway to obstruct them.

In the melee that ensued Jack threatened to get his dog, Trigger, to attack police, and Braden threatened to throw a can of beer at an officer's head, while one police officer drew a taser.

However, according to defence lawyer Damien Pitts, despite "a lot of boasting, a lot of braggadocio" from his client, that wasn't reflected in his behaviour.

When the dog escaped out the front door Jack Wharton chased him around the yard in a manner his lawyer described as comical.

Police found the girl hiding in a bedroom and the only one to suffer injury was the dog, Trigger, who was pepper-sprayed.

Four days later Jack Wharton and the same friend were allegedly back at the Piano Bar and were asked to leave by a staff member.

On November 3 police officers from the Sexual Offences and Child-abuse Investigation Team, the Critical Incident Response Team and the Federal Police's Tactical Response Team went to Jack Wharton's Golden Square house "to mitigate the risk of a violent confrontation" in arresting him.

During his interview jack Wharton told police he remembered being in the CBD on September 23 but didn't recall the altercation at the Piano Bar.

Braden, who was also arrested, said he didn't remember the events and "does a lot of stupid stuff when he's drunk".

According to Mr Pitts, his client's offending was "very clearly alcohol driven".

"He can't handle his grog, effectively," he said.

The court heard jack Wharton, who was in custody for the first time and had spent 46 days behind bars, had a cognitive impairment and had experienced a significantly disadvantaged childhood.

Magistrate Russell Kelly granted him bail on condition he stay with his mother, abide by a curfew, not consume alcohol or attend licensed premises and do a breath test when requested by a police officer.

"If you breach your bail, 46 days will seem like a holiday because you'll spend months and months in jail," the magistrate said.

Jack Wharton is due back in court on February 13 next year on charges including assault emergency worker and contravene condition of bail.

He is also still facing matters relating to the Shamrock Hotel incident.