Stabbing victim Gregory Delphin died after failing to receive ‘appropriate care’ in Liverpool Hospital, court told

Early one morning in May, 2022, Greg Delphin was brought into Liverpool Hospital with a stab wound to the back of his head. Twelve hours later he was dead. But a medical expert said his death was most likely preventable.

Paul Wayne Banks (pictured) was sentenced to five years jail earlier this month for the manslaughter of Gregory Delphin in May, 2022.

A Sydney man who died 12 hours after being stabbed in the head during a drunken fight with a housemate likely would have survived if he’d received appropriate medical care at Liverpool Hospital, a court has heard.

Details of Gregory ‘Tiny’ Delphin’s sad demise – and how it could have been prevented – was aired in Sydney’s Downing Centre District Court earlier this month during a sentencing hearing for his attacker and long-time friend.

An agreed set of facts tendered to the court said Mr Delphin was admitted to the emergency ward at 4.50am on May 28, 2022, suffering stab wounds to his neck and the base of his skull.

The court heard Mr Delphin received initial treatment upon his arrival, and was assessed again sometime between 8.30am and 9am, at which time “manual pressure stemmed the bleeding from the [head] wound and bandages were applied”.

The agreed facts said Mr Delphin was admitted to the ward and remained under observation, however his head wound was seen to be “actively bleeding” when he was checked again at 2.20pm.

The court heard Mr Delphin’s condition deteriorated quickly and he was unconscious within four minutes.

He then suffered a cardiac arrest and could not be revived.

A post-mortem found Mr Delphin died of blood loss from his wounds, however the court heard according to medical expert Associate Professor John Raftos, Mr Delphin’s death was more than likely preventable.

When asked for his opinion on the case, Prof Raftos said: “ If Mr Delphin had been appropriately treated with intravenous fluid resuscitation and prompt surgical exploration of his stab wounds to prevent further bleeding, he would, more likely than not, have survived”.

A medical expert said if Mr Delphin had been appropriately treated at Liverpool Hospital that morning, he most likely would have survived. Picture: NCA NewsWire / Damian Shaw

The court heard this information was not passed on to Mr Delphin’s family, who heard it for the first time when they attended court for Banks’ sentencing hearing.

Judge Paul Conlon said the impact of that revelation on the family was immediately apparent to him during the proceedings.

He expressed his sorrow for their loss and the heartbreak they must have felt at learning of the circumstances in which their relative died.

The agreed facts said Mr Delphin, 63, and Banks, 58, had consumed a large amount of alcohol inside the granny flat they shared in the suburb of Sefton when they began arguing in the early hours of the morning.

The court heard Mr Delphin pushed Banks over and threw a punch at him, prompting the younger man to pick up two steak knives from a nearby table and stab Mr Delphin eight times.

The agreed facts said Banks phoned emergency services and asked for paramedics and police to attend the flat, saying “we had a bit of an argument there, I stabbed him in the back of the head.”

The court heard Mr Delphin told police at the scene he didn’t want Banks charged over the incident because “he’s intoxicated”.

When interviewed by detectives at Bankstown Police Station, Banks repeatedly said he hadn’t meant to stab Mr Delphin and broke down

crying because he’d “hurt his friend”.

Banks was remanded in custody and ultimately pleaded guilty to a charge of manslaughter.

The court heard Banks was a former stablehand at Rosehill who once aspired to be a professional jockey, but his dream came to an end after he was kicked in the head by a horse in rural NSW, leaving him with a traumatic brain injury and only one working eye.

He and Mr Delphin met in 2015 and became friends, with Mr Delphin inviting Banks to live with him in the granny flat in late 2021.

The court heard the pair had a harmonious friendship and living arrangement before the incident.

Banks was sentenced to five years jail, with a non parole period of two years and eight months, in court earlier this month.

With time served, Banks will be eligible for parole in January next year.

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