STAY AWAY: Montgomery Arthur Dynevor (pictured with Olympian  Cathy Freeman) pleaded guilty to assault occasioning bodily harm.
STAY AWAY: Montgomery Arthur Dynevor (pictured with Olympian Cathy Freeman) pleaded guilty to assault occasioning bodily harm. contributed

Father assaults man caught playing with young daughter

A FATHER who bashed a man for allegedly behaving inappropriately with his young daughter has been fined $1000 and ordered to pay $800 in compensation.

Montgomery Arthur Dynevor had attended a funeral at Cherbourg in November last year when he returned home to find a party had gathered at the house he was living in.

Police prosecutor Senior Constable Tina Bland said while Dynevor acted inappropriately, she didn't believe he fully understood the situation.

"The victim had been at (the residence) before other people arrived in the afternoon from Cherbourg after attending a funeral," Sen-Constable Bland said.

"That evening the victim has gone to the toilet and was talking to a seven-year-old female child and that was between a gap of about two to three centimetres in a broken wall."

Sen-Constable Bland said the child told her mother, and others, who found the play to be innocent.

"Witnesses then told the defendant, who is the child's father, about the play," she said.

"The defendant was intoxicated having returned only recently from Cherbourg and had consumed about two casks of wine during the two-hour trip home."

Dynevor then approached the victim who was seated with others and told him not to "say things about my daughter like that".

When the victim said he did not know what Dynevor was talking about, he lashed out.

"The defendant then raised his fist and started to punch the victim repeatedly in the head," Sen-Constable Bland said.

After four to five strikes to the victim's face, the assault was stopped by bystanders and an ambulance was called.

"The victim noticed when he was in the ambulance that he had defecated himself during the assault," Sen-Constable Bland said.

He received two stitches above his right eye, two on his upper lip and four inside his mouth.

"He now takes medication to help him sleep due to feeling fear since the incident," Sen- Constable Bland said.

During an interview with police Dynevor said he "just clicked as he didn't like pedophiles".

"The defendant stated he reacted to what he thought was an indecent act by the victim but accepted that he was intoxicated and had not understood the initial story by the witness."

Defence lawyer Gavin James said his client was very remorseful for his actions and was willing to accept any amount of monetary compensation between $500 to $1000.

"As a result of this incident he has had to move out of that particular house," Mr James said.

"There had been some exchange of words between the victim and the girl which seems to have been playful, however was taken by some people at the party and repeated to Mr Dynevor that that person was trying to call the seven-year-old girl, his daughter, into the toilet."

In admissions to police the defendant conceded he had acted in an over-protective manner.

Magistrate Ross Woodford said while Dynevor may have misinterpreted the situation, his actions had resulted in serious injury.

"You stepped out of line," Mr Woodford said.

Dynevor was convicted and fined $1000 and ordered to pay the victim $800 in compensation.