Martin Amatto behind bars for pushing woman against a fence, assaulting police and threatening Wellington resident

Martin James Amatto, also known as Martin Smith, appeared via audio-visual link in Wellington Local court last week where he pleaded guilty to a charge of stalk and intimidation, resisting police, assaulting an officer, and common assault.

Tensions had been boiling over between Amatto and another resident of Wellington, with police revealing the man had contacted them numerous times making vexatious claims saying Amatto had been carrying weapons while in his street.

On July 18 this year, the man was on the phone on his veranda when Amatto began yelling out to him saying "you calling the police all the time, you're a dog, I'm going to stab you", while gesturing into the air toward the man.

READ ALSO:

The man went inside and pressed his panic duress alarm, and called triple-zero claiming Amatto was armed.

Amatto continued verbally abusing the man while walking up and down the street before leaving the area.

Police attended and were shown CCTV footage from the house. At the time Amatto was in possession of a shovel, backpack, shoes and an empty bottle, but footage did not show him use the shovel in any threatening way, police said.

The man made a statement to police stating he was fearful Amatto would assault him as he had made the earlier threats.

Four days later about 9am police were patrolling Wellington when they noticed Amatto walking down Pierce Street. Officers pulled over and asked him to stop, when he was arrested and taken to Wellington police station.

In a separate matter, Amatto and a woman had been in an on-and-off relationship for about three years when an argument broke out in September this year.

About 8am one morning the pair were at a home on Marsh Street in Wellington, when they left and began verbally arguing about money while walking to a property on Thornton Street.

A short time later the pair arrived at the property with friends when they continued their argument. At one point Amatto became aggressive with the woman and with an open palm pushed her head into a fence multiple times, causing pain.

A person standing by at a neighbouring property witnessed the incident.

Amatto and the woman eventually left, and police were notified a short time later. Officers attended the property and spoke with the occupants who said no incident occurred.

Police later spoke with the woman, who told officers "yeah he hit me" and provided the details of Amatto, however she refused to provide police with a formal statement in relation to the matter.

Officers found Amatto in a gutter outside Coles on Nanima Crescent in Wellington, when he became erratic and aggressive.

He was placed in handcuffs to protect the officer's safety, however when they attempted to walk him to the rear of a caged police vehicle he began violently resisting by throwing his arms and legs around and dropped to the ground.

Police attempted to help Amatto stand up, when he used his feet to wrap around the tyre of another nearby police vehicle.

Officers eventually managed to get Amatto's feet out from the police vehicle, but he continued kicking his arms and legs around.

But in the midst of this this Amatto kicked one of the constables in the leg three times, causing pain.

Amatto was eventually assisted by officers into the caged police vehicle and taken to Wellington police station.

While in custody, police organised for NSW Ambulance to conduct a mental health assessment due to his erratic behaviour. Amatto was medically cleared by ambulance officers and did not require mental or medical treatment.

At sentencing last Tuesday, Aboriginal Legal Service defence lawyer Arthur Nguyen asked the court to impose a community corrections order, noting his client would benefit from supervision to address his drug and alcohol issues.

Mr Nguyen said while his client wasn't assisted by his criminal record, he told the court there had been a "small gap" in his offending and had been on alcohol, and drugs namely heroin and ice during these matters.

The court heard Amatto began using heroin at the age of 12, but in more recent years had moved to the central coast to be near his brother Jeff Amatto - co-founder of Brothers 4 Recovery Drug and Alcohol Awareness - and remained clean for 18 months.

He however relapsed.

Mr Nguyen asked the court to consider a finding of special circumstances taking into account his Aboriginal, cultural and social background.

"He has grown up in an environment of domestic violence, which has replicated in his adult life," Mr Nguyen said.

Police prosecutor sergeant Ben Bragger however said given his record the threshold in the matters was crossed.

Magistrate Stephen Olischlager found Amatto's criminal record offered no leniency, noting he had matters of violence, and had been sentenced to relatively recent terms of imprisonment, concluding in 2021.

He said the assault matters were concerning to the court.

"Police are simply doing their jobs, and an assault involving domestic violence circumstances again is a matter which is serious," he said.

With a finding of special circumstances, in that he needed to be supported by community corrections, Amatto was convicted and handed an eight-month imprisonment.

He was given a non-parole period of four months, making Amatto will be eligible for parole in January 2023.