Shane Tolhurst cleared of assault charges after Greenwell Point pub brawl

A father’s assault charges have been dropped in court, after it was found he was simply defending his son when he punched a drunken man unconscious following a heated pub argument on the NSW South Coast.

The altercation allegedly occurred at the Greenwell Point Hotel.

A court has heard a father acted in self defence when he punched a drunken aggressor in a bid to save his son, following a hostile pub argument.

Shane Tolhurst, 51, was cleared of his assault charges following a hearing at Nowra Local Court on Tuesday, where his lawyer, Brett Ford, argued the behaviour on the evening of October 20, 2023, was a clear cut case of self defence.

The Greenwell Point man previously pleaded not guilty to affray and assault occasioning actual bodily harm, before he was cleared of the charges on Tuesday.

The court heard the details of the verbal-turned-physical confrontation where a night out drinking with his son, Matthew Tolhurst, at the Greenwell Point Hotel ended in a fist fight on the street.

Prosecutor Rachel Griffin submitted on Tuesday the father and son duo began drinking with another club patron – who was not known to the men – shortly after 10pm, before the patron was angered by Tolhurst’s son.

Shane Tolhurst leaving Nowra Local Court.

Ms Griffin said the father and son left the hotel in an attempt to ease the situation, before running into the patron and some of his friends later in the evening near the hotel.

Ms Griffin said the patron reignited the argument, yelling slurs at the men.

The Nowra Local Court.

“There was yelling from the victim, there was yelling from all parties; then all parties approached each other in the middle of the street,” Ms Griffin said.

The court heard the hotel patron grabbed Tolhurst’s son by the arms amid the hostilities, before Tolhurst pushed him away.

“That’s my son,” Ms Griffin said Tolhurst yelled.

The court heard the patron then punched Tolhurst in retaliation, who returned the favour, punching him in the head, before he fell to the ground.

Shane Tolhurst was cleared of his charges.

He hit his head, sustaining injuries and leaving him with no recollection of the confrontation.

“He doesn’t remember anything after leaving the hotel; he doesn’t remember the events that led up to the exchange,” Ms Griffin submitted.

Tolhurst contacted paramedics, who arrived at the scene alongside police.

In court on Tuesday, Mr Ford described the hotel patron as being the “drunken aggressor”.

“It was [the patron] who approached,” he said.

Mr Ford again labelled the punch self defence and said it was “not associated with the injury”, submitting it was hitting the ground which caused the memory loss.

He also submitted the hotel patron’s intoxicated nature made him unsteady on his feet.

Ms Griffin conceded it was an act of self defence and a bid to save his son from the patron’s grasp – however, she said the action of punching him in the head was “excessive”.

Magistrate Lisa Viney said this was what the case was all about.

“[The patron] hit Tolhurst, then Tolhurst hit back and that’s when he fell,” she said.

Mrs Viney agreed with Mr Ford’s sentiment – the hotel patron was the aggressor.

“Mr Tolhurst then contacts help to assist with [the patron] after he fell to the ground,” she said.

Ms Viney said, while she didn’t agree with violence, it was clear Tolhurst was defending his son and was not the aggressor in the incident.

Tolhurst was cleared of his charges.

The hotel patron who was deemed by the courts as the aggressor has not been charged in relation to the incident.

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