A tradesman who used cable ties to restrain minors he believed were trespassing on his property in WA’s Kimberley has been found guilty of assault.
Matej Radelic, 46, used cable ties to restrain a six-year-old girl and two boys, aged seven and eight, at a home in Cable Beach, Broome, in March.
He was charged with aggravated assault and previously pleaded not guilty to all three counts of the offence.
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In a verdict handed down in Broome on Friday, the court found Radelic had made a lawful citizen’s arrests but that it was unreasonable to keep the children restrained for 37 minutes.
He was found guilty on two charges, but not guilty of a third.
The incident garnered national attention when it was live-streamed on social media, with the children heard crying out for their mum.
Police attended the property following reports children had been trespassing in the Cable Beach home’s swimming pool.
When officers arrived at the home on Conkerberry Rd, officers found two of the children restrained. A third child allegedly fled but was found soon after.
St John paramedics checked the children over before they were reunited with family.
Radelic called triple-0 straight away to tell police he had restrained the children with cable ties but was not told by the operator to remove them, his lawyer previously told Broome Magistrate’s Court.
Radelic had restrained the children to keep tabs on them until police arrived and they were not touched once the ties were on, his defence claimed.
Radelic’s lawyers argued the use of cable ties was reasonable and necessary.
The prosecution said there was no need for the cable ties as Radelic was able to order the young children out of the pool, and they were complying with his demands.
Both parties previously agreed the children were trespassing when they entered the pool, which is located in the front yard of the property.
All three children are under the age of criminal responsibility in WA.
Radelic argued he was only protecting his property, which had been broken into four times in two months leading up to the incident.
More than $10,000 of damage was done when pavers from the pool area were launched into windows.
Children were thought to have caused the damage on those previous occasions but no one was identified or charged.
There is no suggestion the children in this case caused the previous damage to the property.