Francois Ghassibe in a panic and ‘went too far’ when he killed Brian Richardson in CBD road-rage fight, court told

A man who punched and kicked a 70-year-old man who later died is not a murderer but simply “went a short step too far”, a court has heard.

A man who killed a 70-year-old in a road-rage incident was defending himself “in a blind panic” from an “irrational and violent” foe who seemed determined to fight “against all odds”, a court has heard.

On Monday, the Supreme Court was told Francois Joseph Ghassibe was not a murderer but simply a man who “took a short step too far” in self-defence because he is blind in one eye.

Nick Vadasz, for Mr Ghassibe, urged Justice David Peek to accept his client’s confession to manslaughter and find him not guilty of murdering Brian Max Richardson.

“The prosecution’s position is that, because he was punched in the left eye by Mr Richardson, Mr Ghassibe was fired up, he was angry,” he said.

“There’s no proof he was angry and, even if he was, that does not mean he defended himself in anger.

Francois Joseph Ghassibe on his way into court. Picture: 7News Adelaide

“It’s quite possible he was in a panic, a blind panic, having been punched in his good eye and having to defend himself against a man who appeared determined to act irrationally, violently and against all odds.

Road rage victim Brian Richardson

“By his plea, he has admitted he took a short step too far – but only a short step.”

Mr Ghassibe, 32, of Mansfield Park, has pleaded guilty to manslaughter but denied murdering Mr Richardson, 70, in the April 1, 2022 incident.

Prosecutors have alleged he intervened in a traffic dispute between his taxi driver and Mr Richardson, 70, felling the older man with an “onslaught” of punches and a kick to the chin.

Their allegations are supported by Mr Richardson’s wife, who told the court her husband said “I don’t want to fight”.

The taxi driver, however, gave evidence that Mr Richardson “started the fight” with Mr Ghassibe, who told police he acted in self-defence after being spat at and struck in the eye.

In his closing address on Monday, Mr Vadasz said there was no obligation under law to “retreat” from an aggressor.

“In the circumstances of this matter, there was very little opportunity to retreat,” he said.

He asked Justice Peek to view CCTV footage of the incident as a whole, rather than in the forensic manner suggested by prosecutors.

“Your Honour is being asked to break down an exchange that lasted roughly 40 seconds, artificially, into milliseconds and attribute a state of mind and intention to Mr Ghassibe,” he said.

Justice Peek will hand down his verdict at a later date.