Theo Hayez inquest: Security guard Shannon Mackie gives evidence
The security guard who removed Theo Hayez from Cheeky Monkey’s believed the backpacker was “approaching intoxication”.
Byron Shire
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The security guard who identified missing Belgian backpacker Theo Hayez as “approaching intoxication” has given evidence to a coronial inquest.
The inquest into the disappearance of Theo, aged 18 at the time he vanished, has been under way in Byron Bay this week.
Shannon Mackie was working as a security guard at Cheeky Monkey’s nightclub the night of Theo’s disappearance.
After the backpacker was ejected from the venue about 11pm on May 31, 2019, he disappeared and has never been found.
Mr Mackie, who previously worked as a responsible service of alcohol marshall, said he tended to err on the side of caution when it came to assessing people who were intoxicated or approaching that state.
When shown CCTV of Theo inside the venue however, Mr Mackie could not identify particular features that would make him appear intoxicated.
He told the inquest the process of assessing intoxication mostly involved looking for slurred speech and balance or co-ordination issues.
“If you saw someone approaching intoxication, you would observe them for a bit,” Mr Mackie said.
“If they were showing signs, you would approach them and ask for their ID and call a code green to the other guards so they know.”
Mr Mackie said the standard procedure was then to take the patron outside, explain why they are being removed and take their photograph for a record of their ejection.
When asked by a lawyer representing him whether he felt he applied his “normal standard of assessing intoxication” toward Mr Hayez that evening, Mr Mackie said he was confident this was the case.
Asked about being identified as a staff member of Cheeky Monkey’s who worked there on the night in question, Mr Mackie said it had resulted in “a lot of anxiety” because the situation was unlike anything he had faced before.
Bradley Hill was the head of security and was standing on the door at the time Theo was removed from Cheeky Monkey’s.
He told the inquest at the time in question, he was aware there was a new liquor licensing sergeant in Byron Bay.
His staff had been urged to be particularly vigilant because of this, the inquest heard.
Mr Hill told the inquest while it was not illegal to have a person “approaching intoxication” in a NSW venue, security tended toward caution because it could often “only take one more drink” for them to cross the line to intoxication.
Counsel assisting the Coroner, Kirsten Edwards, asked Mr Hill whether it was possible for mistakes to be made in assessing intoxication.
“It’s not a scientific process but a subjective process?” Ms Edwards asked.
Mr Hill agreed.
“That’s something you're comfortable with?” Ms Edwards asked.
Again, Mr Hill agreed.
The inquest heard Mr Hill didn’t interact with Theo on the night and based his impression of the night off CCTV footage, although he hadn’t previously viewed all CCTV of Theo which was played in court.
The inquest on Thursday also heard further evidence from fellow backpackers who had no clear recollection of Theo being intoxicated.
One of them recalled speaking with a female patron at Cheeky Monkey’s who was “quite intoxicated” the same evening.
The inquest heard venue records show 15 people were ejected from Cheeky Monkey’s that night.
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