X Factor Australia 2016 winner Isaiah Firebrace has had a win after CCTV of an alleged attack on his girlfriend was shown in court.
The 23-year-old singer appeared in Downing Centre Local Court on December 20 after pleading not guilty to domestic violence-related common assault, per news.com.au.
Police allege Firebrace stomped and punched his partner, Stephanie Mendez, in the gaming room at the Star Casino in August 2023.
However, Firebrace’s lawyer Alex Istifan told the court CCTV footage of the altercation “shined a very different light” on police allegations.
What was shown in the CCTV footage?
In the 30-second video, Firebrace appeared seated at one of the casino’s gaming machines when he was seemingly slapped at twice by Mendez.
The footage shows him proceeding to swing his arm toward her before she hits him again on the back of the head.
Soon after, she is seen walking away.
Mr Istifan claimed the video failed to show Firebrace allegedly punching Mendez, though the alleged “stomp” was not obscured.
Magistrate Clare Farnan told the court she agreed that authorities’ version of events “did not entirely represent what is shown in the CCTV footage”.
“The facts say he started the altercation by stomping on her foot after which she slapped him on the face twice and hit him on the back of the head,” she said.
“After that, Mr Firebrace used her fist to punch her in the stomach. After watching the CCTV, I accept that is not the sort of blow being described.
“The incident in the CCTV does not show the significant violence that might be inferred from the facts… If it were proven, it would be on the lower end.”
Isaiah Firebrace launches bid to have charges dealt with under Mental Heath Act
The CCTV footage comes as Firebrace and Mr Istifan relaunch their bid to have the charges assessed under Section 14 of the Mental Health Act.
Under the Act, a magistrate can determine someone will not receive a jail sentence or pay a fine if they are satisfied a person has a cognitive disability.
Magistrate Farnan agreed to have the matter dealt with under the act. The decision followed the court being told of Firebrace’s “difficult upbringing” and alcohol treatment.
“A psychologist has identified in his report Mr Firebrace’s difficult upbringing and diagnosed him as suffering symptoms of PTSD,” she said.
“Mr Firebrace’s mental health impairment is one that is susceptible to treatment, though it did allow him to have a successful life and career to date.”
What next?
Firebrace will be subject to a 12-month mental health treatment plan in Melbourne under the conditions of the order.
He will also be banned from “approaching or contacting” Mendez within 12 hours of taking alcohol or drugs under a two-year Apprehended Violence Order.
Both Firebrace and Mendez were charged with assault following the incident. However, Mendez received a Section 14 earlier in 2023.
She pleaded guilty to the charge which related to allegations she slapped her partner twice and hit him in the back of the head.
Court documents stated the pair were both drinking the night of the argument but did not detail what sparked the altercation.
Since the charges were laid, Firebrace and Mendez have continued their two-year relationship.
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