Whitemore family face court over affray at Orange Ex-Services' Club

During the fight, the father, David Andrew Whitemore, 54, of Prince Street, received a 15 centimetre laceration to his face after being glassed by another man in the affray.

According to police, the three men were at the club at 11.40pm on July 13, 2018, when the youngest son, Andrew William Whitemore, 25, of Prince Street, got into an argument with another man and during their discussion the other man's three friends surrounded him.

Fearing he was going to be assaulted, Andrew Whitemore called out to his father and his brother, David Aaron Whitemore, 26, of Daroobalgie Road, Forbes.

Andrew Whitemore then shoved the man he had been arguing with and the man fell onto a table. That man also received a large laceration to his face and his nose was swollen. That man did not participate further in the altercation and was later taken to Orange Hospital by ambulance.

One of the other men who was holding a glass bottle, also described in court as a schooner, then pushed Andrew Whitemore but was pushed back by David Whitemore senior.

That man then hit David Whitemore senior with the glass causing the laceration to Whitemore's face.

David Whitemore junior joined the affray after his father was hurt and despite the cut, David Whitemore senior continued to fight the man who cut him.

The other man was restrained by his friends but Whitemore senior punched him in the face causing the man to collapse.

Solicitor Mason Manwaring said the two David Whitemore's were miners but the family also had a floor sanding business they all worked at.

David Whitemore junior had no criminal record and his involvement in the fight was limited to grabbing and shoving.

Magistrate Clare Farnan decided not to convict him but placed him on an 18-month good-behaviour order.

David Whitemore senior also would not have been convicted had he not continued to fight after getting glassed.

He also had a prior record from 2006 so Ms Farnan convicted him and placed him on an 18-month Community Correction Order.

Andrew Whitemore has previously been jailed for other matters and started the fight.

Ms Farnan convicted him and gave him an 11-month custodial sentence by way of an Intensive Correction Order and 50 hours of community service.

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