Community service for doorman who used "excessive force"

Monday 05 September 2022

A doorman has been handed a community service order after maliciously inflicting grievous bodily harm while working at Folies nightclub.

Kerrien Wallace, 32, entered a not guilty plea to the charge but was found guilty after a trial. Wallace maintains that he was acting in line with his duty, but Judge Graeme McKerrell said it was “perfectly clear” that Wallace used excessive force.

Judge McKerrell said that Wallace’s actions on 22 August 2021 were “way outside what would be reasonable force in the line of duty” and that he should have taken a “different course of action”. 

Pictured: Wallace opted not to be represented by an advocate at his trial, but was represented by Advocate Simon Florance at his sentencing.

While the facts of the case were not detailed in full at Wallace’s sentencing on Thursday [1 September], the Crown advocate summarised a victim impact statement. 

The Crown advocate explained that the victim felt “embarrassed and belittled by being attacked in front of a crowd”, had required surgeries for the injuries he sustained and that his life had been “significantly affected”. 

Wallace put forward the defense that the victim had deliberately pushed him. It was not disputed in sentencing that Wallace had been “bumped into”. 

Judge McKerrell commented: “You knew who he was, you knew why he had bumped into you, and you then used excessive force to eject him from the premises”. 

Pictured: Wallace was found guilty of causing grievous bodily harm with malicious intent during an incident at Folies on 22 August 2021. 

Acting for Wallace, Advocate Simon Florance said: “He [Wallace] should have taken a different course of action, however he maintains his position that he is not guilty. 

“My client has a strong work ethic and has done door work at various clubs since 2017 in addition to working a full-time day job 35 hours per week. 

“He undertook a written exam and training in how to physically restrain people and was granted a licence by Home Affairs. He won’t be able to renew that licence and so will lose his ability to continue working as a doorman.” 

Advocate Florance said that Wallace has been suffering with depression, anxiety and poor sleep since the charge. 

“My client appreciates this is a very serious charge. He did not set out to cause harm; he had been a doorman for five years prior to this incident and had no other issues in that time.”

Pictured: Wallace appeared in the Magistrate's Court for sentencing on Thursday [1 September].

Judge McKerrell said that he was “perplexed” that Wallace continued to “justify [his] action”.

“There is no justification. You let your emotions gets the better of you and committed a serious offence, causing serious injury. You completely overreacted and were not doing your job properly,” he said. 

Wallace was sentenced to 140 hours of community service as a direct alternative to 10 weeks in prison.