Five sentenced and two acquitted after 2021 Waterport brawl

Five men have been sentenced by the Supreme Court after a violent brawl between two feuding factions in 2021, with two others acquitted.

Luie Manuel Gaivizo, 29, of Mid Habour Estate, Mark Macias, 32, of Laguna Estate, Dylon Bates, 24, of Varyl Begg, and Jason Antony Rocca, 26, of Calpe Road admitted to violent disorder. The four men were sentenced at the same time in the Supreme Court.

Callum Brayson, 20, of Laguna Estate pleaded guilty for causing harm whilst furious driving.

Antonio Gaivizo, 45, of Prince Edwards Road, and a juvenile were both acquitted following a jury trial this week for violent disorder. Mr Gaivizo was also found not guilty on a further charge of dangerous driving.

Some of the sentences date to last year but reporting restrictions were in place until this week given that some of those involved had yet to be tried.

The incident took place in November 2021, during a Saturday afternoon outside the Casa Antonio bar in Waterport Road.

The court heard how the groups were split into two factions, the family and friends of the Bates and Brayson family on the one side and the family and friends of the Gaivizo family on the other.

The first confrontation was a verbal exchange, but later members of the Gaivizo faction, including Luie Gaivizo and Jason Rocca, began arriving at Casa Antonio.

Rocca brandished a small blue aluminium baseball bat from within his jacket to show the others, and then the members of the Bates/ Brayson faction then began to arrive, mostly in motor vehicles.

Verbal altercations ensued amongst the groups, but it was when Luie Gaivizo attacked Daniel Bates from behind, attempting to stab the rear of his legs with a small black-handled screwdriver, that the brawl began.

“This attack sparked off a large scale violent disorder incident, with all defendants becoming involved,” Puisne Judge Liam Yeats said.

“The altercation brought vehicular and pedestrian traffic to a standstill.”

Daniel Bates drove away from the scene after he was attacked.

This was when Luie Gaivizo returned to the bar and picked up a metal chair to engage in altercation with another individual.

Callum Brayson was in his car and drove into Luie Gaivizo, throwing him in the air.

Bates returned to the bar in his vehicle, this time with a chain in his hands. As he approached Luie Gaivizo, he was restrained by Jason Rocca.

Officers found that Daniel Bates and Luie Gaivizo had sustained injuries, and both were conveyed to hospital.

Mark Macias arrived at the bar in his vehicle as the physical altercations were taking place.

“He stopped his car outside the bar and alighted holding an air pistol,” Mr Justice Yeats said.

“While standing next to his car, he raised his arm into the air and discharged the air pistol twice, shouting in Spanish words to the effect of: ‘are you stupid?’ and ‘what are you doing?’.”

He then got back into the car and drove off.

When sentencing Mr Justice Yeats said the matter was so serious that only a custodial sentence could be justified.

He sentenced Luie Gaiviso and Dylon Bates to 21 months’ imprisonment.

Mark Macias was jailed for two years and six months due to discharging an air pistol.

Jason Rocca was sentenced to 15 months’ imprisonment.

Callum Brayson was disqualified from driving for two years and three months and jailed for 22 months.

Johann Fernandez appeared for the Crown.

Ian Watts represented Callum Brayson, Leigh Debono represented Luie Gaivizo, Kevin Colombo represented Mark Macias, Christopher Pitto represented Dylon Bates, Christopher Finch represented Jason Rocca, Shane Danino represented the juvenile defendant, and Christopher Brunt represented Antonio Gaivizo.