Oshae Jackson Tuiasau: One-punch death trial told of nightclub drama before fatal blow
A man fatally punched on the Glitter Strip after a night out at a well-known nightclub had allegedly sexually assaulted a woman known to the defendant less than an hour before the deadly blow, a court has heard.
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A dispute between two men on the Gold Coast that ended with one of them dead after he was punched in the face was touched off when the deceased allegedly sexually assaulted a woman known to the defendant, a criminal trial has been told.
Griffin man Oshae Jackson Tuiasau, 30, has pleaded not guilty to unlawfully striking Toro George, 39, on Surfers Paradise Blvd at about 3.50am on December 19, 2021.
Mr George died of his injuries a week afterwards, on December 27.
Mr Tuiasau’s expected five-day trial commenced in the Brisbane Supreme Court on Monday.
Crown prosecutor Toby Corsbie told the court it was not in dispute that Mr Tuiasau, who in his younger years was a promising rugby league product who featured in the 2015 under-20 Queensland Origin side, struck Mr George – the blow was captured by CCTV.
Mr Corsbie said it was the Crown case either the punch killed Mr George outright or, more likely, it caused him to suffer a heart attack that led to a hypoxic-ischemic brain injury, wherein the brain tissue is starved of oxygen.
“It is not alleged that the defendant intended to kill him,” Mr Corsbie said.
“It is not alleged he intended to knock him unconscious or indeed cause him any particular injury.
“This is not a case where an intent to do anything is an element [of the offence the prosecution must prove].”
Mr Corsbie said the animus between Mr George and Mr Tuiasau could be traced back to an earlier incident at about 3.20pm at Havana Nightclub on Orchid Ave.
Mr Tuiasau was at the club to attend a birthday celebration when he ran into his old school buddy Junior Marsters, who was the cousin of the deceased.
Mr Marsters, Mr George, and others were at the nightclub celebrating the birthday of a man called Dylan Thoroughgood when Mr George brushed past a woman known to Mr Tuiasau and allegedly grabbed at her crotch, causing a fracas that led the two groups to be ejected from the club.
Mr Corsbie told jurors they did not have to decide on whether the sexual assault occurred or not.
“She [the woman known to Mr Tuiasau] certainly believes it happened and it is certainly possible,” he said.
“The relevance of that event is that, on the Crown case, that is what sparks the animosity towards the deceased.”
The relevant parties milled about out the front of the club before being shooed away by police, Mr Corsbie told the court.
Mr Corsbie said several witnesses, including Mr Marsters, his niece Lakisha Marsters, and Mr Thoroughgood were expected to tell the trial they heard the defendant and the deceased apparently making up, with either a handshake or a hug.
However, Mr Corsbie said the bonhomie was short-lived, with the fatal blow being delivered just moments after.
He said several witnesses were expected to tell the trial they heard Mr Tuiasau say something like: “That’s what you get.”
Defence counsel Craig Eberhardt KC told the court the sole issue in dispute was whether Mr Tuiasau’s striking of Mr George was unlawful.
He said it would be the defence case that the defendant was acting in self-defence against a “drunk and aggressive man who had already sexually assaulted a woman that night”.
Further, the defence would contend the punch did not cause the heart attack that starved Mr George’s brain of oxygen – rather, it occurred because Mr George was “drunk, intoxicated on cocaine, and belligerent”.
Jurors were shown a recording of Mr Tuiasau’s police interview, which occurred about four hours after the blow was struck, and well before Mr George died.
Mr Tuiasau is depicted telling officers Mr George had “groped” a woman known to him, which had caused “massive drama” at the club.
He told officers when the group were walking along Surfers Paradise Blvd after being ejected from the club, Mr George “said something to one of my friends”.
“It just triggered me,” he told officers.
Mr Eberhardt cross-examined investigating officer Detective Senior Constable Kirsty Cook, of the Southport CIB, about what her investigations about the minutes leading up to the punch revealed.
She confirmed Mr Tuiasau was not violent at any point prior to administering the punch, and had in fact been one of the peacemakers attempting to lower the temperature between the warring factions.
Mr Marsters, the link between the defendant and Mr George, was also called to give evidence.
He told the trial he and Mr Tuiasau were walking back to his hotel after being ejected when the pair caught up with the rest of his group, which included Mr George.
Mr Marsters said he witnessed his Mr George apologise to the defendant, who responded, “All good, bro,” and the pair shook hands.
The group were walking and talking when Mr Marsters heard a “loud bang”.
“Toro hit the floor,” he said.
The trial continues.
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Originally published as Oshae Jackson Tuiasau: One-punch death trial told of nightclub drama before fatal blow
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