‘A single choice': Trial of NRL player Oshae Tuiasau told one punch left man dead after night out
Oshae Jackson Tuiasau, 29, has pleaded not guilty to unlawfully striking a man who later died in hospital, claiming he acted in self-defence during an early morning altercation in Surfers Paradise.
The former NRL hopeful appeared in the Brisbane Supreme Court on Monday for the first day of his trial, where prosecutors told the court a witness would testify to his alleged words after the fight.
The court was told Mr Tuiasau allegedly struck Toro George, 39, once in the face on View Ave, Surfers Paradise about 3.30am on December 19, 2021, with the confrontation caught on CCTV.
Mr George fell backwards, hitting his head on the pavement and losing consciousness. He died in hospital eight days later, on December 27.
Mr Tuiasau was arrested shortly after the incident, about 4.30am, and interviewed by police later that morning at the Southport watch house.
At the time, Mr George was still fighting for his life, and Mr Tuiasau was informed he would be charged with grievous bodily harm.
In a video of the police interview played to the jury, Mr Tuiasau appeared subdued and quiet.
'I looked at him and then I, I hit him … I punched him,' Mr Tuiasau said.
He said he got a 'shock' when he saw Mr George fall and admitted he had been drinking throughout the night.
'It was a good night … up until the very end,' he said.
Mr Tuiasau told police the fatal confrontation began as the group was walking away from Havana RnB Nightclub.
He claimed Mr George had 'started swearing' and that after hearing about an alleged assault on a woman 'triggered' him.
'We got face-to-face,' he said.
Earlier in the night, the court was told, there had been a heated discussion involving both men inside the nightclub.
CCTV footage showed a confrontation inside Havana before a group, including Mr Tuiasau, gathered and appeared to argue.
Outside, footage showed uniformed police officers intervening and pushing one man away before the group eventually dispersed.
Crown Prosecutor Toby Corsbie told the jury the fatal moment was caught on CCTV and played the clip in court.
It showed six men, including Mr George and Mr Tuiasau, walking almost side-by-side before Mr George leaned toward a man in a white shirt. That man, alleged to be Mr Tuiasau, then punched Mr George in the face.
The impact caused Mr George to immediately collapse to the ground.
The footage showed several people trying to help him, while Mr Tuiasau walked away.
Family members of Mr George were visibly emotional in the courtroom, with one gasping as the footage was played and others looking away.
Mr Corsbie told the jury it was 'a single moment in time, a single choice'.
He said Mr George 'immediately lost consciousness … and his heart stopped beating.'
The Crown alleged Mr Tuiasau lashed out after learning Mr George had allegedly assaulted a woman known to him inside the club.
'It is not alleged the defendant intended to kill him,' the prosecutor said, however alleged Mr Tuiasau ultimately 'snapped' after a series of events throughout the night.
The court was told witnesses would testify they had earlier seen the two men shake hands and hug before leaving.
However, one witness is expected to testify that shortly after the punch, Mr Tuiasau allegedly said 'that is what you get'.
Mr Tuiasau's barrister, Craig Eberhardt KC, told the jury his actions were not unlawful, but in self-defence against 'a drunk and aggressive man who had already sexually assaulted a woman that night'.
He said Mr George was intoxicated by alcohol and cocaine and had been belligerent throughout the evening.
'He punched Mr George once in the right cheek,' Mr Eberhardt said.
'It is tragic that he died.'
The courtroom was packed on Monday with supporters and family of both Mr Tuiasau and Mr George.
A jury of four women and eight men was empanelled to hear the case, which is expected to run for five days.
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