Aaron Pocklington’s fate decided in Casino KFC brawl case
A jury took less than an hour to return a not guilty verdict for a man accused of using an offensive weapon – a guitar capo – in a wild brawl outside a Northern Rivers KFC restaurant.
NSW
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A jury took less than an hour to return a not guilty verdict for a man accused of using an offensive weapon – a guitar capo – in a wild brawl outside a Northern Rivers KFC restaurant.
Aaron Pocklington, 21, was found not guilty of two charges laid against him as a result of his involvement in a fight in the dining and carpark areas of the Casino KFC near Lismore in May 2022.
After the jury’s findings, Pocklington walked out of the docks a free man and was hugged at the back of the court by a supporter before he left the courtroom.
During the week-long trial, CCTV and mobile phone footage were shown to the jury of the chaotic scenes when a then 17-year-old boy arrived to the outside dining area shirtless and shoeless, with knuckle dusters taped to his left hand before arguing with Pocklington.
The footage revealed the shocking scenes as the fight developed, spilling through a garden and into the car park where others joined in.
The court heard the Crown Prosecutor Mr Campbell argue that Pocklington had not acted in self-defence or reasonably to the unfolding situation.
CCTV footage shown to the court revealed Pocklington say to the other teenager “I’ll got to jail” before he threw the first punch.
“He was escalating the incident,” Mr Campbell said.
He told the court Pocklington struck the teenager while a guitar capo was in his hand.
However defence solicitor Mr Behan said it was not evident that the capo was used with intention to commit actual bodily harm and that his bodily language in the footage prior to the punch wasn’t aggressive.
The court heard his client had feared for his safety and had been trying to “to talk the situation down”.
Mr Behan told the court his client said to the teenager twice “Don’t be a hero bro,” before the fight escalated.
“It was a pre-emptive strike to give himself a chance to run,” the court heard.
“A decision made in a split second.”
The CCTV also showed Pocklington shout “I’ll go to jail” before lashing out which Mr Behan said his client conceded was a “stupid thing to say”.
Before the jury went to decide their verdict Judge Michael McHugh said they must consider the circumstances as the accused perceived them.
Pocklington, who was 18 at the time, was found not guilty of affray and of using an offensive weapon with intent to commit an indictable offence at Coffs Harbour District Court on May 30.
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Originally published as Aaron Pocklington’s fate decided in Casino KFC brawl case
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