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Cheryl Goodenough

Oztag referee a victim of player's 'blind explosion'

Benson Pauga tearfully apologised in court to the referee he punched, causing a brain bleed. (Jono Searle/AAP PHOTOS)

After an Oztag player tearfully apologised for his "stupid" assault on a referee that caused a brain bleed, the one-punch attack victim stepped forward to shake hands.

Benson Leipau Pauga approached Jason Fernie in the July 2022 game's second half after his team accused the referee of favouring the opposition, a Brisbane court was told on Thursday.

After a verbal exchange, Pauga punched the 49-year-old on the jaw.

Former referee Jason Fernie says he accepts the apology from his assailant, Benson Leipau Pauga.

Mr Fernie fell backwards hitting his head on the ground and convulsed, with blood on his mouth.

Pauga, now 34, left the sports ground while Mr Fernie, a referee for 22 years, was taken to hospital with a brain bleed and concussion.

On the judge’s instructions, Pauga turned in the Brisbane District Court dock to face Mr Fernie, before tearfully reading a letter of apology.

“What I did was wrong, I really made a stupid mistake,” he said.

“I hope that you find it in your heart to forgive me.”

As Pauga finished, Mr Fernie stood up and shook his hand.

Benson Pauga leaves the Brisbane District Court
Benson Pauga has been spared jail time that may have led to him being deported to New Zealand.

It was clear from Mr Fernie’s victim impact statement the assault had a significant emotional and physical impact on the referee and his family, Judge Paul Smith said.

The court was told Pauga described his conduct as a “blind explosion” during a week in which he separated from his wife and his partner in a scaffolding business had left.

“Referees need to feel safe from players but there was only one punch,” Judge Smith said.

Taking into Pauga’s guilty plea to one count of assault occasioning bodily harm, Judge Smith sentenced him to a 12 months' intensive corrections order, recording a conviction.

Pauga, who was raised in West Auckland moving to Australia in 2009, risked being deported if he was sentenced to actual time in custody.

He was ordered to pay $5000 compensation to Mr Fernie within six months.

The court heard he has a lifetime ban from playing Oztag.

Jason Fernie talks to the media
Jason Fernie said being unable to ref after the assault was what hurt him most.

It was good that Pauga apologised but his actions were totally unacceptable, Mr Fernie said outside court.

Describing the legal system as pretty soft and the compensation amount "a joke", Mr Fernie said the outcome was disappointing and he still suffered after the assault.

"I can't ref anymore, that's what hurts the most - I miss my Oztag family," he told reporters.

Australian Oztag general manager Luke Manahan said the organisation takes a strong stance towards abuse against referees and officials.

"We know how important referees are for our game," he told AAP.

Oztag is a non-tackling version of rugby league.

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