The Entrance: Pizza shop owner George Habkouk sentenced over Haydn Butcher’s death
A remorseful pizza shop owner who said he acted in self-defence when he fatally punched Haydn Butcher at the Central Coast has been sentenced after he told a court he prayed for his soul every day.
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A tearful pizza shop owner who killed a man outside a Central Coast pub in 2018 has been sentenced to two years in home detention after a court found the fatal blow was motivated by chivalry and not revenge.
George Habkouk said he was defending his Red Pepper Gourmet Pizza and Pasta employee and family friend Charlene Easton, when he delivered a fatal blow to Hayden Butcher.
Just five seconds earlier Mr Butcher, 30, had “coathangered’’ Ms Easton during New Year’s celebrations at The Entrance in January, a court heard.
The 51-year-old broke down when he told Parramatta District Court today how devastated he was about killing Mr Butcher outside The Lakes Hotel because he wanted to defend Ms Easton, who had been attacked by Mr Butcher and his mate.
“I cannot imagine the pain you have to go through and I pray for his soul every day,’’ Mr Habkouk said via audio visual link.
“My reaction was one of fear and confusion, not retaliation or any kind of payback.”
In January, the jury was shown CCTV footage of the pub in the early hours of January 1, when Ms Easton was punched in the mouth by a man she didn’t know while sitting at a table inside.
She was then “coat-hangered” by Mr Butcher as she ran to find her first attacker and “get him into trouble”. Habkouk punched Mr Butcher in the head five seconds later.
The court Mr Butcher was on MDMA and was intoxicated during the incident.
Mr Habkouk told the court he believed she was in serious trouble.
“I was honestly confused and feared for her safety,’’ he said.
“I couldn’t believe what I was witnessing. I just couldn’t understand why she was being bashed up by these men.
“It was only then I was trying to protect her. Charlene is a friend’s daughter and is like family to me.”
Earlier, Mr Butcher’s former partner Tara Duffy, with whom he had a daughter aged two at the time of his death, read out a victim impact statement.
It outlined how the child developed an eating disorder because she missed her father.
“She just continues to have moments of complete meltdown when she just wants to talk to her dad,’’ she said.
Even though she was 2½ years old at the time, this is irrelevant. My daughter is broken and emotionally fragile.’’
Her father, Alan Duffy, praised Haydn, with whom he worked at his construction business and said he suffered a mental breakdown since his death.
“The day Haydn died broke me,’’ he said.
“I lost my best friend, work mate, future son-in-law.’’
Habkouk’s partner of 15 years, Chantelle Rapley, told the court he was never aggressive and was a loving father to their twin 14-year-old sons and stepfather to her two children from a previous relationship.
She also spoke about how wreaked with angst her partner had been since Mr Butcher’s death.
“He will never ever get over what happened,” she said.
In her submission, defence barrister Margaret Cunneen SC said Mr Habkouk could not develop “a sense of revenge or retaliating intent” because it was five seconds after Mr Butcher attacked her.
“We would submit that in our society there are chivalric instincts taken by men who happen to be loving husbands and fathers and in these circumstances, a gentleman found himself in a position where his reflexes caused him to strike (to protect) someone to whom he was a mentor and a father figure. He’s not a violent man.’’
However, the Crown argued that intent to retaliate could be formed within seconds.
“People cannot take the law into their own hands,’’ prosecutor Carl Young said.
In her sentencing remarks, Judge Siobhan Herbert said she was satisfied Habkouk was provoked by Mr Butcher and he was not likely to reoffend.
“I accept he is a person of good character,’’ she said.
“I find that the offender is a person who’s remorseful, He displayed significant distress during the trial.”
Judge Herbert said he was worried his asthma and Chron’s disease would compromise his lung function and would put him at greater risk of contracting COVID-19 if he was in jail.
He will be required to wear an ankle bracelet while serving his community correction order.