Gemma Raveneau, James Charles Smith, Damien Lee McKenzie, Donald Pegus, Fred Pegus, David Briggs and Tristan Duncan pleaded not guilty to multiple charges of riot, affray, offensive behaviour in a public place and using violence to cause fear in a group following a street brawl in Grace Street, Moree which occurred about 11pm on Christmas Day.

During a hearing in Moree Local Court on Wednesday, the court heard more than 100 people were involved in what was described as a riot, with rocks, bottles and other projectiles thrown at people and vehicles on the front yard and street outside a Grace Street property.

READ MORE: Police investigate street brawls over festive period

After hearing the evidence, witness statements and reviewing CCTV footage of the incident, magistrate Michael Dakin dismissed all charges on the basis of a lack of consistency between witness accounts.

“Honest witnesses are often mistaken and give inconsistent versions,” Mr Dakin said. 

“The more often they’re called on, the possibility of inconsistencies increase, but generally that will not adversely affect the reliability of accounts.

“Identification has been fairly and squarely an issue in this case.”

Mr Dakin said he rejected the evidence of the two defence witnesses and had “grave reservations” about the account of the two key witnesses for the prosecution.

“To my mind there’s significant difference in their accounts in who was involved in the assault of [one of the victims],” he said.

“The versions of events provided by [witness one] as to who assaulted [the victim] compared to [witness two’s] is irreconcilable and gives me doubt.”

Mr Dakin said there can be no criticism of police for not being able to get material evidence from other people involved in the incident.

“Police cannot compel people to make statements,” he said.

“This was a dreadful incident and reflects very badly on the Aboriginal community and those not prepared to cooperate with authorities.”

READ ALSO: Moree councillor denies assault charges in court

Meanwhile, five others charged over the incident pleaded guilty.

George Harold Copeland, 42, pleaded guilty to being one of more than three people using violence to cause fear and intentionally throwing an object at a vehicle for his involvement in the incident.

Copeland’s solicitor Michelle Blore said her client threw a cinder block at a moving car in an attempt to stop the vehicle, which was driving in a dangerous manner, as he was worried it would hit various members of his family who were at the scene.

“To do that thinking that was going to stop the vehicle, which was driving erratically at high speed, I would have though it would have the opposite effect,” Magistrate Dakin said during sentencing.

“It’s bad enough to throw a missile … but to throw it at a car travelling, at best, well over 100km an hour on my estimation, that’s likely to be catastrophic when there’s so many people around.

“You added to the problem, not the solution.”

Copeland was convicted of both charges and sentenced to a three-year good behaviour bond.

Stewart William Porter pleaded guilty to using violence to cause fear in a group of three or more.

The court heard that Porter became involved in the incident after going in to get his brother and cousin out of the situation, but after getting hit with “all sorts of things” he got “tangled up” in the situation.

“It was a terrible situation and certainly not one he creared, nor wanted to be in, but found himself in unfortunately,” Porter’s solicitor Mandy McKenzie said.

“He should have just stayed out of it, however he’d gone in because of his brother. 

“We’re talking about a group of 100 to 150 people and yet a very small number have come before court and he’s put his hand up and said ‘yes, I was there’.”

In sentencing, Mr Dakin said while it’s to Porter’s credit that he did plead guilty, it was a poor decision to involve himself in the matter.

“Mr Porter has quite a significant record for a young man for violent offending,” he said, sentencing Porter to a two-year bond.

Stanley Smith, 19, pleaded guilty to riot and affray for his actions in the incident, which involved throwing a bottle after being hit with it himself.

Ms Blore said Smith was sitting on the verandah of a house opposite where the riot took place when he noticed a big group walking up the road and went to see what was going on.

“He was hit with a bottle and picked up the bottle and threw it back,” she said.

Mr Dakin told Smith he should have minded his own business and dismissed the riot charge, sentencing him to a 12-month bond for affray.

“Your involvement is somewhat limited but it was a particularly ugly incident and if you kept to yourself you wouldn’t be here,” he said.

“When a missile is thrown, it might not be the intention to injure someone but you can imagine the great havoc that can result.”

Benjamin Gordon Suey, who failed to appear before the court but pleaded guilty to behaving in an offensive manner in a public place at an earlier date, was fined $400 in his absence.

Reshawn Smith also pleaded guilty to behaving in an offensive manner near a public place, but due to his young age and lack of record, Mr Dakin chose not to convict him, instead handing down a Section 10 bond for 18 months.