Former Gold Coast Titans player acquitted in fatal punch trial
A jury has taken less than an hour to acquit former Titans player Oshae Tuiasau following a nine-day trial over a fatal altercation on a Gold Coast street.
Breaking News
Don't miss out on the headlines from Breaking News. Followed categories will be added to My News.
A jury took less than an hour to find former Gold Coast Titans player Oshae Jackson Tuiasau not guilty of unlawfully striking a man who later died following a late-night altercation in Surfers Paradise.
The charge stemmed from an incident in the early hours of December 19, 2021, in which 39-year-old Toro George fell and hit his head on a Surfers Paradise street. He died in hospital eight days later.
Mr Tuiasau’s family and supporters erupted with emotion as the verdict was read, embracing one another through tears. He put his head down and wiped away tears.
He was facing a mandatory minimum sentence of 15 years behind bars, with the possibility of life imprisonment, if he had been convicted.
The verdict followed nine days of evidence in the Brisbane Supreme Court, almost double the trial’s original schedule, after a series of disruptions and heightened courtroom tensions.
Barrister Craig Eberhardt KC mounted a forceful defence, frequently challenging the prosecution’s case and making persistent submissions to support his client.
Mr Tuiasau maintained he acted in self-defence.
During the trial, Mr Tuiasau told the court he feared for his safety when he struck Mr George during a tense encounter on a Surfers Paradise street.
“He was lunging,” Mr Tuiasau said from the witness box.
“He was pushing towards us … he was angry.”
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.
Mr George could be seen leaning towards him before Mr Tuiasau suddenly struck him once in the face.
Mr George fell backwards, hitting his head on the pavement, and immediately lost consciousness.
Several members of Mr George’s family turned away or broke down when the footage of the punch was played.
Mr Tuiasau told the jury that he acted instinctively.
“I didn’t have time to think,” he said.
The court was told that tensions escalated earlier in the night following an allegation that Mr George had inappropriately touched a woman inside Havana RnB Nightclub.
The woman was known to Mr Tuiasau. Her brother confronted Mr George inside the club, triggering a series of altercations that spilled out onto the street.
One witness testified to hearing Mr Tuiasau say, ‘That is what you get,’ after the punch; however, he denied making the remark.
Mr Tuiasau told the jury he was “concerned” about Mr George’s wellbeing after the incident, but did not initially mention the man’s aggression during his police interview because he was in shock.
“My mind was scattered … I was kind of all over the place,” he said.
Mr Tuiasau’s barrister, Craig Eberhardt KC, said his client’s 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.”
Crown prosecutor Toby Corsbie said it wasn’t alleged Mr Tuiasau intended to kill Mr George but that Mr Tuiasau ultimately “snapped” after a series of events throughout the night.
The courtroom was packed throughout the trial with family and supporters of both men.
Throughout the trial, jurors, the legal teams, and the judge navigated a series of unexpected incidents.
On the first day, one juror left the courthouse during a break to retrieve personal belongings, prompting another to follow, only to become lost and eventually located on a different level of the building.
On two other occasions, proceedings began late due to jurors running late, and one juror was later dismissed for personal reasons after appearing to fall asleep during the trial.
Originally comprising 12 jurors and two alternates, the panel was down to its minimum of 12 by the time closing arguments were delivered.
But just as the case was about to wrap up, concerns were raised that a juror may have conducted outside research.
The courtroom was closed while the parties held what Justice Frances Williams described as a “frank” discussion.
Tensions were high, with supporters on both sides visibly emotional over the possibility of a mistrial.
Family members, some of whom had flown in from overseas and taken time off work and school, were visibly distressed at the prospect of the trial collapsing so close to its conclusion.
Ultimately, Justice Williams determined that there had been no wrongdoing, but reminded the jurors that they must not seek external information.
The trial was allowed to continue.
In a further twist during Mr Corsbie’s closing address, the prosecutor offered a second theory about how Mr George may have died, suggesting a combination of factors including the head injury.
This sparked immediate objection from the defence, with Justice Williams criticising the prosecution for introducing a new theory not previously raised during the trial and instructed the jury to disregard the prosecutions alternative theory.
During Justice Williams’s summing up of the trial and giving instructions to the jury, which is usually the final step before they deliberate, Mr Corsbie applied for a mistrial on grounds that they had been treated “unfairly”.
Justice Williams scolded the prosecutor before retiring to consider her decision. Ultimately, she decided to decline the application and resumed her instructions to the jury.
The jury took 57 minutes to decide their verdict.
Originally published as Former Gold Coast Titans player acquitted in fatal punch trial
Man ‘exaggerating’ after alleged rape: court
A man who has accused an MP of sexual assault was allegedly told he was “exaggerating” when he mentioned it to a colleague.
Israel launches strikes on Iran
Israel launches strikes on Iran