THE TRIAL has begun in Sydney of an Australian man alleged to have killed an Irish backpacker in 2009.
The New South Wales district court heard yesterday that Gearóid Walsh’s face went blank before he fell to the ground after being punched outside a kebab shop in the Sydney beachside suburb of Coogee.
Mr Walsh (23) never regained consciousness after allegedly being punched by Tobias Liam Simmons at about 11pm on October 25th, 2009. He died four days later after his mother, Tressa, arrived in Sydney from Dublin and the family decided to take him off life support.
Mr Simmons (30) has pleaded not guilty to the manslaughter of Mr Walsh, on the grounds of self-defence. Mr Walsh’s brother Ciarán said he had returned to the Yeeros takeaway following Gearóid, who had just had a heated exchange there with another man. In evidence yesterday, Ciarán Walsh said he had given his brother “a telling off” for getting involved in the argument. “That’s how stupid things happen,” he told his brother.
Mr Walsh told Judge Anthony Blackmore, who is hearing the trial without a jury, that they were celebrating their sister’s 23rd birthday with friends. The brothers had been on a long drinking session before they went to the kebab shop. His brother fumbled for money as he tried to pay for his food. A man beside him “had a go at my brother for taking so long to pay for his food”.
Mr Walsh said the pair argued before he walked his brother to the door. As they left he told his brother off, but Gearóid swore at him and returned to the shop.
Mr Walsh said he went back and saw his brother and the other man coming out of the premises. “There was punches thrown by the other guy. My brother turned around and faced me. He looked pretty okay, as if he was going to say something to me. But next, his face went blank, like he went unconscious, and he stumbled forward and fell sideways.”
Mr Walsh rejected a suggestion that, after being punched, his brother had fallen and hit his head. “He was unconscious when he fell, that is the one thing I do know,” he said.