Fatal punch thrown in fear: court

Perth Now

16 hours ago

A former Gold Coast Titans player accused of fatally striking a man during a street confrontation has taken the stand in his own defence, telling a Brisbane jury he acted out of fear in a chaotic and escalating situation.
Oshae Jackson Tuiasau, 29, took to the witness box on Friday in the Supreme Court, where he pleaded not guilty to unlawfully striking Toro George, 39, who died in hospital eight days after collapsing on a Surfers Paradise street in the early hours of December 19, 2021.
Mr Tuiasau, a married father who now works alongside his wife running children's events, told the court that he arrived at Havana RnB Nightclub just before midnight with two friends and met several people inside, including Mr George.
He recalled that Mr George questioned their presence in the VIP area, allegedly asking: 'Who the f--k are these people?'
Mr Tuiasau admitted he had consumed 15 to 20 Coronas that night but said he was not angry or looking for trouble. Former Queensland under-20 and Gold Coast Titans player Oshae Jackson Tuiasau is accused of killing a man with a single punch. NewsWire/Tertius Pickard Credit: News Corp Australia
The court was previously told there had been a night of escalating tensions stemming from a sexual assault allegation inside the nightclub.
A young woman, known to Mr Tuiasau, was celebrating her 19th birthday and testified that Mr George touched her inappropriately on the dance floor, prompting her brother to confront him and sparking a series of heated altercations captured on CCTV inside and outside the nightclub.
Mr Tuiasau said he became aware of a commotion inside the nightclub involving Mr George but claimed he did not intervene when someone from his group told him that 'Toro had touched (a woman's) vagina'.
'We went somewhere else,' he said of his decision to avoid the confrontation.
Mr Tuiasau said he later left the venue with two friends to go to a nearby hotel.
Outside the club, police briefly separated both groups and escorted Mr George and others before they ran into Mr Tuiasau and others at the traffic lights.
Mr Tuiasau said Mr George apologised to him.
'I'm sorry bro,' Mr George reportedly said. 'It's all good mate,' Mr Tuiasau replied.
'I accepted his apology,' Mr Tuiasau told the court.
But tensions soon escalated again as the group walked down the street. Fatal punch victim Toro George. Facebook Credit: News Corp Australia
Mr Tuiasau and other witnesses told the jury that Mr George's demeanour changed dramatically; he became agitated, loud and aggressive, yelling in both English and Cook Island Maori that he wanted to go back and get his brothers.
Mr Tuiasau said he heard Mr George swearing and shouting about getting his 'f--king brothers'.
During the short walk, Mr Tuiasau admitted saying to Mr George, 'Don't touch my sister,' and, 'Don't f--king come near me.'
'I felt like he was coming at me aggressively and he was going to hit me,' Mr Tuiasau said, adding that he was also worried for his friend Junior's safety.
'I was just trying to keep him away from me.'
CCTV footage showed shoving between Mr George and other members of the group.
Mr Tuiasau, who appeared uninvolved in the physical exchanges, was walking on the far side of the group.
The footage showed Mr George leaning towards him before Mr Tuiasau suddenly struck him once in the face. Mr George fell backwards and hit his head on the pavement.
He immediately lost consciousness.
Mr Tuiasau said it all happened in a matter of 'seconds'.
'I didn't have time to think,' he said. Mr George's wife Arden George outside Brisbane Supreme Court. NewsWire/Tertius Pickard Credit: News Corp Australia
Earlier in the trial, the jury was shown harrowing body-worn police footage of the moment officers found Mr George slumped and unconscious on a bench.
They initially detected a pulse, but minutes later he went into cardiac arrest.
An officer can be heard saying 'I think his pulse is gone … yep.'
The officers quickly moved Mr George onto the ground, ripped open his shirt and began CPR.
Some of the group admitted to initially lying to police by claiming Mr George had simply collapsed, offering what appeared to be vague or no explanation for their false statements. Mr Tuiasau played for the Gold Coast Titans. NRL Photos Credit: No Source
On Thursday, the court was told that medical experts debated the cause of Mr George's death.
Mr Tuiasau's legal team argued the cardiac arrest and subsequent brain injury may have been unrelated to the punch.
Forensic pathologist Melissa Thompson told the jury that it was her 'firm opinion' Mr George suffered cardiac arrest due to a concussive shock to the medulla oblongata, the brain stem, likely from striking his head on the ground.
She described the punch itself as only 'mild to moderate' in force.
Dr Thompson dismissed the possibility of anaphylaxis, noting none of Mr George's friends or treating clinicians reported symptoms consistent with that diagnosis but conceded it couldn't be entirely ruled out, nor could a coincidental cardiac arrest given his pre-existing health issues, including heart disease, cocaine use, and a blood-alcohol reading of 0.246 per cent.
The defence's expert, Professor Johan Duflou, told the court that anaphylaxis from cocaine was possible, though unlikely.
He also questioned Dr Thompson's theory, pointing out that Mr George's medulla did not display the kind of damage typically expected from a concussive shock.
Mr Tuiasau's testimony is set to continue.