‘I’ll throw you over the balcony’: Former soldier denies pool party assault

A former special forces soldier has denied punching a man at a pool party, arguing the alleged victim was the aggressor, a court has been told.

A former special forces soldier struck a man on the face after threatening to throw him over a balcony at a pool party, a court has been told.

Heston Russell is fighting allegations in Sydney’s Downing Centre Local Court that he punched his alleged victim in the face, with his lawyer questioning whether the man was the aggressor during a heated argument.

Mr Russell, a veterans’ advocate and unsuccessful senate candidate, has pleaded not guilty to one count of common assault relating to an incident at a Woolloomooloo premises in Sydney’s inner east on January 2 last year.

The court was told on Wednesday that a group of people had earlier on January 2 attended a yacht party on Sydney Harbour before moving to the Cowper Wharf Rd venue.

Mr Russell is alleged to have struck the left side of the face of alleged victim and fellow partygoer Steven Pate.

However, Mr Russell’s solicitor on Tuesday questioned his version of events and asserted that Mr Pate and a friend had advanced on the veteran during a heated argument over another man in the group.

Heston Russell has denied punching a man at a pool party. Picture: NCA NewsWire / Steve Zemek

Mr Pate on Tuesday told the court that he was standing poolside with two friends – a couple he had met earlier that day – when Mr Russell came up behind them and began kissing the neck and touching the chest of one of the men.

According to Mr Pate, the man’s boyfriend told Mr Russell that he was in a relationship, to which he responded: “How was I supposed to know that?”

According to Mr Pate, Mr Russell was asked to leave several times.

“I said to Heston, stop forcing yourself on people,” Mr Pate said.

Mr Pate told the court that after being told to go away, Mr Russell responded: “Do you want to take me on? I’ll throw you over the balcony.”

The man said he felt scared and took it as a death threat.

“I thought this is really bizarre and I felt like he meant it,” Mr Pate told the court.

He said that after telling Mr Russell to go away several times, he was hit by Mr Russell on the left side of the face but couldn’t be sure if it was a closed or opened fist.

“He just hit me out of nowhere,” Mr Pate said.

“Bang. No warning this was going to happen. Just whacked me on the side of the face.”

He allegedly said to the man, ‘I’ll throw you over the balcony’. Picture: Zak Simmonds

Mr Russell just wanted to push the man away, his lawyer said. Picture: NCA NewsWire/Gary Ramage

Under questioning from Mr Russell’s solicitor Michael Bowe, Mr Pate denied that he had been pushed away by the former commander of November Platoon and he was the aggressor in the situation.

“I suggest to you it wasn’t a whack, it was to push you away,” Mr Bowe asked.

“Absolutely not,” Mr Pate responded.

Mr Bowe suggested that Mr Pate and his friend had “moved on top” of Mr Russell after they were unhappy with his advances on the other man.

“It’s categorically untrue,” Mr Pate said.

Under cross-examination, Mr Pate also denied that he had “embellished” and was “exaggerating” his level of fear.

“What was said to you was ‘if you keep coming at me, I will throw you off the balcony’,” Mr Bowe asked.

“That’s a lie,” Mr Pate replied.

The matter will return to court at a later date.

Originally published as ‘I’ll throw you over the balcony’: Former soldier denies pool party assault