All-in brawl because of chips on bar, court told
By MALCOLM WEATHERUP
03jun03
Defendant Malcolm John Smith yesterday
A DISAGREEMENT over a handful of bar food in a Kirwan restaurant last December sparked an all-in running brawl that ended with the death of one of the fighters, according to evidence in the Townsville Magistrates Court yesterday. The court was hearing evidence at committal proceedings against Malcolm John Smith, 33, of Kelso, who is charged with the manslaughter of David Anthony Sinclair, 23, of Kirwan, in the car park of Buffalo Joe’s restaurant in Kirwan on December 20 last year. Witness Terence John Williamson said he was with Sinclair on the night of the fight, along with another friend named Ben Carter.
Mr Williamson described how the trouble started.
“David (Sinclair) was at the bar when he grabbed some chips, thinking they were still free because they’d been going around before,” Mr Williamson said. He said it turned out that the food on the bar was for a private Christmas party and one of the group said something like “F… off, that’s my f… food.” Mr Williamson said Sinclair apologised, saying he did not know it was for a private function, but the other man said “F… you”, and because Sinclair had apologised he angrily replied “So f… you too, mate.”
He said the man then punched Sinclair, Mr Carter threw a drink over the man and waved the glass at others in the group before smashing it on the floor. That instantly sparked a brawl, in which another witness said billiard balls were thrown and glasses were smashed. The fighting spilled out into the car park where Mr Williamson said he saw a man he could not identify “power push” Sinclair to the ground before attacking him. “I reckon that’s when he died . . . or was knocked unconscious,” he said.
Asked by barrister Harvey Walters, for Smith, where he had met Sinclair, Mr Williamson said they had gone to Street Karate classes for a couple of years or more.
Mr Walters: How long had you been doing (martial arts)?
Witness: About nine years.
Mr Walters: Do you hold any level in martial arts?
Witness: Yes, I’m a black belt in western kick boxing.
Mr Walters: How long had David Sinclair been doing kick boxing?
Witness: About two years.
Mr Williamson admitted using his kick-boxing skills in the fight, “but only light kicks to warn people off”.
The hearing had earlier been played a video record of interview police had with Smith two days after the brawl. In it, Smith denied he had kicked and stomped on Sinclair as they fought and wrestled. “When he went down, I tripped over him but kept going to get away from the fighting.” He admitted getting phone calls from friends later on the night of the fight and the next day saying “that bloke is dead, you’re f…, you’re ruined, they say you killed him, get a lawyer”. Smith then told the interviewers: “I’ve never stomped anyone, ever, pissed or sober.”
A pathologist who carried out the autopsy on Sinclair is expected to give evidence on the cause of death when the hearing resumes this morning.
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