2 days ago
Security guard Mousa Al-Zaher's final moments played in court after fatal attack outside Sutherland pub
Footage of a security guard's final moments following a fatal fight outside a Sydney pub have been played in court, showing the man kneeling on the ground next to his attacker who had only just been kicked out of the pub.
Brian Edmund Brown, 33, pleaded guilty to manslaughter after the brawl outside a pub in Sydney's south on February 25 last year and was jailed on Friday.
A court was told how Mr Brown was kicked out of the pub before an altercation broke out between Mr Brown and security guard Mousa Al-Zaher outside the Royal Hotel in Sutherland about 2am.
Some of Mr Al-Zaher's final moments were played in the NSW District Court on Friday, where the pair appeared to have some kind of exchange before the violence broke out.
The court was told the hotel's manager heard Mr Brown repeatedly saying 'What did he say?' before the fight broke out.
Multiple people could be seen trying to hold Mr Brown back from Mr Al-Zaher, the security guard at one stage going inside to call triple-0.
Returning, Mr Brown punched Mr Al-Zaher three times in the head.
The security guard elbowed Mr Brown in the back before Mr Brown was brought to the ground by bystanders.
Mr Al-Zaher appeared to be a little off balance before kneeling on the ground next to Mr Brown
'The offender was restrained on the footpath …seconds later, the deceased was unsteady on his feet and knelt down,' Judge Nicole Noman told the court.
'(Mr Al-Zaher) attempted to stand up but collapsed.'
Mr Al-Zaher was pronounced dead at the scene.
Mr Brown was sentenced to three years and six months in jail with a non-parole period of two years on Friday afternoon.
He will be eligible for parole next February as he has been in custody since his arrest.
Mr Brown's lawyer Slade Howell had earlier argued Mr Al-Zaher was making an 'invitation' for a confrontation through hand gestures.
'I'm not casting blame on (Mr Al-Zaher) because clearly the development of the situation … fell at the offender's feet,' he said.
'Only to point out that this interaction … at a certain point it seems neither man was de-escalating in a way that avoided the moment of violence that then broke out.'
He accepted Mr Brown had opportunities to 'avoid violence', which 'clearly he wishes he had taken but did not', but that there came a point where neither of them was making an effort to de-escalate.
However Crown prosecutor Ben Allison submitted Mr Al-Zaher had initially gestured for Mr Brown to 'go away', and any later invitations to come forward needed to be viewed in context.
'The deceased works as a security guard … he doesn't have the option to walk away from the hotel,' Mr Allison said.
He said Mr Al-Zaher's attempts to de-escalate the situation appeared to have 'fallen on deaf ears'.
Mr Howell also submitted the conduct likely would not have caused the death of a healthy person, telling the court Mr Al-Zaher had an underlying condition which should be taken into account.
Mr Allison urged Judge Noman to take an 'eloquent, heartfelt' victim impact statement – in which Mr Al-Zaher's sibling described how 'cherished' the man was – into account in sentencing.
Mr Howell earlier told the court Mr Brown was 'living with the consequences of having contributed to the death … in this case every single day'.
'This is a tragic case for all parties concerned,' Mr Howell said.
Mr Brown had also expressed concern he was 'showing disrespect to the court by not being suitably dressed' on Friday, having thought he would be brought into the court for sentencing rather than beaming in through an audiovisual link.
