Australian found guilty of assault for tying children with cables

An Australian who used cable ties to restrain children who were caught swimming in his backyard pool has been found guilty of two counts of grievous bodily harm.

Images of Matej Radelic, 46, holding three distressed children aged six, seven and eight at his property in Broome in March made headlines around the world.

He was charged with three counts of aggravated assault, with prosecutors arguing his actions were “dehumanizing” and inappropriate under the circumstances.

However, his lawyers argued that Mr. Radelic made the arrest of a citizen “lawfully.”

The Broome Magistrates Court heard from both parties and concluded that the children’s behavior amounted to “trespassing and criminal damage” but that all were under the age of criminal responsibility, which in Western Australia is 10 years old.

According to the ABC, Judge Deen Potter found Mr Radelic guilty on two of the three charges – he was acquitted on the third charge because the eldest child was held for a shorter period of time and left the scene after breaking free.

Mr Radelic was fined A$2,000 ($1,368; £1,041) and suspended for 12 months.

Mr Radelic’s call to emergency services was played, in which he told the switchboard operator that the tied children were unharmed but “scared and crying”.

“Yeah, no wonder,” she replied.

When police arrived at his home – in the remote town 2,000 km (1,243 miles) northeast of Perth – the repairman was filmed on police bodycam expressing his frustration.

“I mean, there are no consequences for anything,” he said.

“What would you do?” … If you think I have to go to prison, then I will.”

His lawyer Seamus Rafferty said Mr Radelic was “a victim of crime” as his home had been broken into four times in the months before the incident, although he did not claim those children were involved.

Mr Rafferty admitted that tying up the children’s wrists was “not a pretty sight” but was ultimately legal.

“This case is not about optics, not about emotions, not about race or vigilantism,” he said.

He referred to the responding police officer’s notes, which described the incident as a lawful citizen’s arrest.

However, police prosecutor Mícheál Gregg argued the response was disproportionate because the children had obeyed their request to get out of the pool and sit down.

“The circumstances simply did not exist to justify the use of force,” he said.