Retiree Ken Kassulke was allegedly assaulted last year in front of four witnesses leaving him with shoulder injuries, but police have failed to prosecute the offender.
Retiree Ken Kassulke was allegedly assaulted last year in front of four witnesses leaving him with shoulder injuries, but police have failed to prosecute the offender. Warren Lynam

Pensioner bashed by cyclist fights for justice

A SUNSHINE Coast aged pensioner who was assaulted in front of witnesses has been left wondering why police have failed to act on the matter.

Ken Kassulke of Pelican Waters was still struggling with torn shoulder tendons nearly a year and seven months after what he said was a daylight attack by a cyclist at Minyama in March, 2017.

He has alleged that very early in the subsequent police investigation he was asked whether he realised the assailant was a "pillar of society".

"Do you really want to go there," Mr Kassulke said he was asked by one officer.

Mr Kassulke was on his way to a regular stint as a volunteer at the Italian School off Jessica Boulevard when his attempt at a left turn was blocked by two bicyclists who were taking up most of the lane and banking up traffic.

He said he honked his horn to make them aware he was behind them and wanted to turn left into the driveway they were approaching.

Mr Kassulke said the cyclists pulled over and stopped just past the driveway, one eye balling him as he entered the carpark.

In a statement to police he alleged when he was in the process of parking his vehicle he heard something hit it from behind and looked out to see a fit "Australian guy about 180cm tall" in his early 60s with a bit of stubble on his face and wearing Lycra and a helmet and with a red bicycle.

"We had words and he came to within two inches from my face, saying hit me. He was going redder and was right into my face," Mr Kassulke said.

"I turned to walk away and he hit me from behind. He hopped on his bike to take off and witnesses grabbed him.

"Four police arrived and two spoke with him and two to me. One of the officers came over and said he (the assailant) would like to apologise. I said he could do that in court."

Mr Kassulke said he persisted in questioning where the matter was going and was visited by two police on a Saturday night, one of whom helped him search through his drawers unsuccessfully in an attempt to find a piece of paper with the witnesses written on it.

He had subsequently gone to the Crime and Corruption Commission, the Police Integrity Unit and had attempted to unsuccessfully to obtain copies of the investigation reports and film from the body cams worn by the police officers who attended the scene at Minyama.

"It's concerning that despite all that evidence I still don't know who the bloke was," Mr Kassulke said.

"The CCC is not interested, I've emailed the Police Commissioner and have spoken to Ethical Standards.

"The Officer-in-Charge (of Kawana Police) and an Inspector came and saw me and went through everything and said there was insufficient evidence to proceed with a conviction without reasonable doubt.

"It's an assault. I'm at an end as to see where to go. I can see what's happening. They want me to go away."

In response to a series of questions to Queensland Police media the following statement was provided.

"A complaint was made to the Queensland Police service in relation to an alleged assault which occurred on March 22, 2017 at Minyama involving a 67-year-old man. The matter was investigated and subsequently reviewed independently.

"However the QPS was unable to proceed with a criminal prosecution, as it was determined there was insufficient evidence to prove the matter beyond reasonable doubt,. This included consideration of witness versions and any apparent contradictory accounts.

"The matter has been finalised from a QPS perspective.

"The alleged victim in this matter has been advised, at length, regarding the provisions of Right To Information and the process to obtain the relevant information should he wish to pursue the matter civilly.

"It is the choice of a victim to decide whether they wish to submit a formal complaint, and for police to provide information to assist in their decision as to whether they wish to proceed or not. The victim in this matter was provided with advice relating to this process and subsequently submitted a formal complaint for investigation."

The statement did not directly address the allegation police had asked Mr Kassulke whether he realised the alleged assailant was a "pillar of society".