Justin and Rex O’Leary not guilty of Karratha post office carpark assault of Ryan Simmonds

A father and son accused of assaulting a former employee and “best mate” in the Karratha Post Office carpark last year have been found not guilty. A jury on Monday took less than one hour to acquit Rex O’Leary, 62, and Justin O’Leary, 32, of intending to cause bodily harm to ex-colleague Ryan Simmonds following a five-day trial at the Karratha District Court. It was alleged at about 8.45am on May 27 last year Mr Justin O’Leary and Mr Simmonds got into a fight, with Mr Justin O’Leary putting the victim in a headlock, punching and kicking him in the face with steel cap boots. Mr Rex O’Leary was alleged to have held down Mr Simmonds during the assault. Mr Simmonds told the court he thought he was being followed by Mr Justin O’Leary as he drove from the light industrial area to the Karratha Post Office. Mr Simmonds said he then made a call on a Telstra phone box because his mobile was locked for 15 minutes. He said he was due to appear before the Karratha Magistrates Court that morning on methylamphetamine possession charges and incorrect storage of ammunition. Mr Simmonds said Mr Rex O’Leary parked next to his vehicle and the two got into an argument before Mr Justin O’Leary came over and shoved him. “Justin approached me chest out, I had my arms out in front of me and he punched me,” he said. “He grabbed me in a headlock and pulled me to the ground.” Mr Simmonds told the court he could not recall if he had gouged at Justin O’Leary’s eyes and mouth during the altercation. “I was kicked in the face with a steel cap boot,” he said. Under cross examination Justin O’Leary’s lawyer Linda Black put to Mr Simmonds he walked towards Rex O’Leary’s parked car intending to start a fight. “It was a combination of personal circumstances, chronic substance abuse and stress about the court appearance,” she said. Mr Simmonds denied he was the aggressor. The court was shown Mr Justin O’Leary’s video interview after he was arrested. During the interview Mr Justin O’Leary said he was in fear of his life. Mr Justin O’Leary said he thought Mr Simmonds would attack his father. “I know what he is capable of and what he has done in the past,” he said. Mr Justin O’Leary said he used to be best friends with Mr Simmonds but the relationship turned sour after Simmonds was involved in a fight with his father outside the O’Leary family home.