Prabesh Gauchan found guilty of affray, common assault after Hurstville pub brawl

A night out for friends at a south Sydney pub went horribly wrong after a young man tumbled down a grass embankment and later died. One of the men involved claimed he was the “peacemaker”, but the magistrate did not buy his version of events.

Prabesh Gauchan, 27, fronted Sutherland Local Court on Friday, where he was found guilty of affray and two counts of common assault. Picture: Ashleigh Tullis

A man could face jail time over his involvement in a pub brawl that ended tragically when a 23-year-old tumbled down a grass embankment and was fatally injured.

Prabesh Gauchan, 27, fronted Sutherland Local Court on Friday, where he was found guilty of affray and two counts of common assault.

Magistrate Joy Boulos noted the death of Amit Karki was “tragic”, but Gauchan, who lives in Campsie, was not legally responsible for his death.

The court heard on the night of March 21, 2020, Mr Karki was at the Meridian Hotel in Hurstville with two friends, while Gauchan was also with friends and co-accused Manohar Gurung drinking.

Gurung, who also wasn’t charged in relation to Mr Karki’s death, pleaded guilty to common assault and affray charges and was sentenced to a community corrections order.

The men were all of Nepalese background and had one friend in common, who gave evidence during the hearing.

Emergency services were called to Empress St, Hurstville on the night of the incident to take Mr Karki to hospital. Picture: Gordon McComiskie

The court heard there was tension between the parties over a perceived show of disrespect from Mr Karki to one of the men in the group that spilled into the car park and had a fatal outcome.

It was alleged that Gauchan was inside the hotel when Mr Karki’s friend Subham Mishra and another man talked before Mr Karki came to see if everything was okay.

Gauchan approached and asked “why are you being a hero” before he grabbed Mr Karki around the neck, so he could speak closely to him face-to-face and then gave him a light slap.

Gauchan’s defence lawyer said that was done in a “brotherly” or friendly fashion, and Mr Karki responded with a pat on the back.

Following more tension and conversation, Gurung and some others were asked by security to leave and escorted outside.

Gauchan was not asked to leave the hotel at any stage by security.

Mr Karki and Mr Mishra, who also gave evidence during the hearing, stayed inside for 10 more minutes before they walked outside into the car park where the other men were standing, and Mr Karki was called over.

Prabesh Gauchan took the charges to hearing. Picture: Ashleigh Tullis

The court heard Manohar was shouting out to Mr Karki, calling him over before he placed an arm around him and pulled him into the group.

The court heard Manohar was trying to hit Mr Karki, who was trying to escape.

Mr Karki‘s friends, Mr Mishra and Suraj Thapa, told the men not to fight, saying “he is my brother, don’t, don’t, don’t”, the court heard. Mr Mishra and Mr Thapa were not accused of any wrongdoing.

Ms Boulos determined Manohar was the primary aggressor during the conflict.

The court heard Gauchan, at one point during the melee, punched and pushed Mr Karki, lunging forward at times.

Mr Karki ran off from the group, tripped down an embankment and suffered a fatal head injury, dying a few days later in hospital.

The court heard Guachan ran after Mr Karki at full speed, and he too fell down the embankment.

Mr Karki died in hospital. Picture: Gordon McComiskie

Gauchan gave evidence during the hearing and was asked if he realised Mr Karki would have been scared, and he replied, “I don’t know”.

Ms Boulos went through Mr Mishra and Mr Thapa’s evidence, finding both were honest and credible witnesses, unshaken in cross-examination, with their version of events supported by CCTV.

The court heard Gauchan gave two different versions in his police interview and court, both times claiming he was acting as a “placater and peacemaker”.

During his police interview, Gauchan told officers Mr Karki was the aggressor but conceded that was incorrect during the hearing after viewing the footage.

Ms Boulos said Gauchan was angry, loudly shouting during the melee, and aggressive toward Mr Karki.

“Gauchan refused to admit the victim was scared. He must have known the victim was scared,” she said.

“It is accepted there was loud noise, and his friends were closing in on the victim.”

Ms Boulos said if Gauchan was the “peacemaker” and told Manohar not to fight, then it made no sense that he chased Mr Karki at full speed.

Prabesh Gauchan pictured with his lawyer leaving court. Picture: Ashleigh Tullis

Ms Boulos said Gauchan was “evasive” in answering questions during cross-examination.

“He painted himself in a positive light. His answers were inconsistent and implausible,” she said.

“I am comfortable to reject his evidence outright”.

In making her determination, Ms Boulos found Gauchan’s interaction inside the bar with Mr Karki constituted a common assault and was not friendly in nature.

She determined Gauchan assaulted Mr Karki when he went outside, and it was “no accident” he was waiting for Mr Karki to leave the pub.

Ms Boulos said Gauchan provided “encouragement” to Manohar, and he was “ready and willing” to be involved in the melee.

“The accused used and threatened violence towards Mr Karki, with his conduct causing him to fear for his personal safety,” she said.

She found the second charge of common assault and affray proven beyond reasonable doubt.

Ms Boulos indicated she would consider imposing a term of imprisonment and had to decide whether it would be served in the community or jail.

She adjourned the case for a sentence assessment report to be prepared and to hear submissions from the Crown and defence.

Ms Boulos will sentence Gauchan on January 27.