Deepshikha Maan, Jadetimes Staff
D. Maan is a Jadetimes news reporter covering Asia
Australian Man Convicted of Assault for Detaining Children with Cable Ties
In a case that has gained international attention, an Australian man, Matej Radelic, 46, was found guilty of assaulting children after using cable ties to detain them in his backyard pool. The incident, which took place in March on Radelic's property in Broome, Western Australia, involved three young children, aged six, seven, and eight, who were caught swimming in his pool without permission. His actions led to global media coverage, as images of the distressed children being restrained circulated widely.
Background of the Incident
Matej Radelic, a tradesman living in the remote town of Broome, approximately 2,000 kilometers north-east of Perth, took drastic action when he found three children in his backyard pool. Frustrated by previous incidents of trespassing and damage to his property, Radelic decided to restrain the children using cable ties, tying their hands together until authorities arrived. He called emergency services during the incident, explaining that although the children were uninjured, they were "scared and crying." The emergency operator’s response, "Yeah no wonder," highlighted the disturbing nature of the situation.
Radelic’s home had reportedly been broken into several times in the months leading up to this incident. While his defense team did not claim that these particular children were responsible for any prior break-ins, they argued that his actions stemmed from a heightened sense of frustration and victimhood.
Legal Proceedings and Arguments
The case went to the Broome Magistrates Court, where Radelic faced three counts of aggravated common assault. Prosecutors argued that his actions were excessive, unreasonable, and "dehumanizing" in the context of the situation. They contended that while the children may have been trespassing, they complied when asked to leave the pool and sit down. The use of force, in their view, was unnecessary.
Radelic’s legal defense, led by Seamus Rafferty, took the position that his actions constituted a "lawful" citizen's arrest. Rafferty acknowledged that using cable ties to restrain children was "not a good look," but maintained that it was legally permissible under the circumstances. He emphasized that the case was not about "optics, emotion, race, or vigilantism," but rather about whether or not Radelic's actions were lawful.
Magistrate Deen Potter, who presided over the case, heard arguments from both sides. The court accepted that the children's actions constituted "trespass and criminal damage," but also noted that all three were under the age of criminal responsibility, which is 10 years old in Western Australia. As a result, the children could not be held legally accountable for their actions.
The Court's Decision
After carefully reviewing the evidence, the court found Radelic guilty on two of the three assault charges. He was acquitted on the third count related to the eldest child, who had managed to break free from his restraints and leave the scene after a shorter period of detention. Magistrate Potter determined that while Radelic had acted out of frustration, his use of force was disproportionate, particularly given that the children posed no threat and had complied with his requests to leave the pool.
For the two convictions, Radelic was fined A$2,000 ($1,368 USD), which was suspended for 12 months, meaning he would not have to pay the fine unless he committed another offense within that time.
Reactions and Broader Implications
The case sparked considerable debate in Australia, with many questioning the boundaries of self-defense, property rights, and the legality of citizen's arrests. Radelic's lawyer argued that his client was a victim of repeated property crimes and that his actions, while extreme, were justified under the law. On the other hand, the prosecution and many legal experts viewed the incident as a clear case of excessive force, particularly given the age of the children involved.
The use of force in this case also raised concerns about how individuals respond to trespassing and property damage, especially when minors are involved. While it is legal in Australia for a citizen to detain someone they believe has committed a crime, the amount of force used must be reasonable and proportionate to the threat posed. In this instance, the court determined that Radelic had overstepped these boundaries, as the children posed no immediate danger and had complied with his instructions before being tied up.
Matej Radelic’s conviction serves as a reminder that even in cases of frustration and repeat property damage, the use of force must remain proportionate, especially when dealing with children. While the law allows for citizens to defend their property, this case highlights the need for balance between protecting one's home and ensuring the safety and dignity of others, particularly when they are minors.
