00:00Tay Radulich faced a single day trial in the Broome Magistrates Court last month after
00:07pleading not guilty to three counts of aggravated common assault in April.
00:11The 46-year-old used cable ties to restrain the children aged six and seven after he found
00:17them swimming at his pool at a property in Cable Beach on the 5th of March.
00:22Video of the incident showing children with their hands bound together made international
00:26headlines.
00:27The September trial largely focused on whether Mr Radulich's decision to restrain the children
00:32with cable ties was reasonable and necessary.
00:36Yesterday Magistrate Dean Potter handed down his reserved decision of the matter and found
00:41Mr Radulich guilty of two of the three charges committed against two of the children.
00:46He was acquitted of the third charge as one of the children was restrained for a shorter
00:50amount of time and able to leave the scene once they broke free.
00:54A key point in the Magistrate's decision was whether Mr Radulich's use of force was
00:58reasonably necessary in the circumstances.
01:01He deemed it was not, given the length of time, 37 minutes, two of the children were
01:06restrained for, before police arrived.
01:10Magistrate Potter did acknowledge Mr Radulich had experienced previous break-ins on his
01:14property prior to March, not suggesting it was related to the same children and said
01:19the 46-year-old's actions were not born out of vigilantism.
01:24He said the images circulating of the children bound together had been seen in historical
01:28context which had a destabilising effect in the community.
01:33Magistrate Potter handed Mr Radulich a $2,000 fine which was suspended for a 12-month period
01:39and a spent conviction.
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