'Fortunate video existed': Man locked up for murder he didn't commit
Mobile phone footage of an ugly brawl has saved a former Perth private school student from a wrongful murder conviction.
Jordan Clarke, 24, spent 250 days in jail after being charged over a fatal punch-up outside an Ellenbrook pub in 2017, which claimed the life of father-of-two Diego Hulton.
Diego Hulton died in hospital days after he was attacked during a scuffle outside the Brook Bar and Bistro in Ellenbrook on February 3, 2017.
His brother Jorveth Hulton suffered injuries to his face and body, the West Australian District Court heard on Friday.
The fight erupted after the televised boxing bout between Anthony Mundine and Danny Green.
Witnesses mistakenly identified Clarke as the one who kicked Mr Hulton in the head while he lay on the ground, but video footage discovered by his legal team proved it was someone else.
"He is very fortunate that video existed," Defence Barrister Sam Vandongen told the court.
The former Trinity College Student instead pleaded guilty to assault for kicking the victim's brother, Jorveth Hulton, in the head - but only after Mr Hulton attacked him.
Judge Wendy Gillon said Clarke's actions were "inexcusable", fining him $1500.
"There's no doubt this was a terrible situation that ended in a tragic way but that's not what I'm here to determine with respect to Mr Clarke," Judge Wendy Gillan said.
Judge Gillan accepted Clarke was remorseful and noted he had no criminal record.
She told him the fine would have been higher if he had not already spent time behind bars.
"Next time you really must walk away," she warned him.
Salvatore Aaron Raimondi was previously sentenced to four years and four months behind bars over Diego Hulton's death.
- WITH AAP
© Nine Digital Pty Ltd 2019