Matthew Alan Warner on trial over ‘king hit’ punch outside Kings Beach Tavern

A jury will decide whether a man’s action were in self-defence after he punched another person outside a Sunshine Coast tavern who had allegedly circled and barked at him like a dog.

Matthew Alan Warner leaves Maroochydore Court House. Picture: Patrick Woods.

A trial against a man accused of punching an evicted patron outside a Sunshine Coast tavern and causing a traumatic brain injury has started to determine whether his actions that night were in self defence.

Matthew Alan Warner made his appearance in the dock at the Maroochydore District Court on October 8 and pleaded not guilty to one count of causing grievous bodily harm.

Crown prosecutor Alex Stark told the jury the “king hit” punch and the injury which it had caused was not contested, but jurors must conclude whether Mr Warner was acting in self defence.

The alleged offence occurred outside the Kings Beach Tavern at Burgess St about 7.30pm on March 19, 2023.

Mr Stark began his opening remarks by guiding the jury through a 30-second video filmed by a witness from the smoking area by the tavern, showing Mr Warner — who was shirtless and in underwear or shorts — and the alleged victim standing by a phone box and facing each other.

Matthew Alan Warner leaves Maroochydore Court House. Picture: Patrick Woods.

The footage depicted Mr Warner’s punch shortly after the man pointed to the opposite side of the street.

The victim’s body crumbled immediately and Mr Warner crouched over his body, shifting the man into the recovery position, the footage showed.

The court was told the victim suffered a traumatic brain injury and was put into an induced coma in hospital.

Mr Stark said the victim does not recall anything from the evening of the alleged offence.

The crown prosecutor continued on to play footage taken about five minutes before the punch, which showed the victim and Mr Warner “shaping up to each other”.

The video showed the victim walking towards Mr Warner aggressively and even running at him periodically, as Mr Warner backed away quickly before stepping forward again.

Mr Stark told the court if Mr Warner had punched the victim in this instance, he “would not be here today” to determine self-defence.

Matthew Alan Warner leaves Maroochydore Court House. Picture: Patrick Woods.

He summarised the evidence the jury would hear this week, noting Mr Warner had been at Kings Beach with a friend consuming cans of vodka before he went to the side of Burgess St — where the alleged offence would take place — waiting to be picked up.

He also pointed out the victim and Mr Warner had given each other a hug or shook hands at one point.

Mr Stark went on to outline what Mr Warner had said in his interview with police, including how he was allegedly punched in the nose by the victim earlier.

He said Mr Warner told officers the victim offered to have beers with him in his apartment, which he had refused, fearing he would be pushed off the balcony.

He said to officers the victim had trespassed into his personal space and was acting “weird”, with the proximity causing him to act in self-defence.

Defence barrister Lachlan Ygoa-Mckeown began his opening statements by replaying the footage of the pair circling each other prior to the punch.

He pointed out Mr Warner had touched his nose at one point, potentially indicating an injury, and moving either away from the victim or towards the direction of his belongings which remained on the side of the road.

Mr Ygoa-Mckeown told the court the victim, a regular at the Kings Beach Tavern, had been evicted from the premises that night due to his behaviour.

He said the victim had continued to come back to him and considered his actions “weird” and in his personal space.

The jury began to hear evidence from the first witness, a police officer who attended the scene following the incident in the afternoon.

The court saw CCTV collected from the tavern and a second police officer told the jury he saw and photographed blood on the ground following the incident.

The third witness, who had recorded the incident, then told the court how he had seen the victim being escorted out by security.

The witness said he noticed the victim passed out on the stairs to the tavern at one point, before he next saw him yelling and “getting up” in Mr Warner’s face.

He told the court the victim had yelled “come on dog c---” and “literally barking like a dog”.

The witness had also observed a woman coming out of an apartment complex to break the pair off and then later the pair hugging.

When it came to the “king hit,” the witness said he had not heard any yelling or shouting prior.

Mr Ygoa Mckeown confirmed with the witness that the victim was aggressive, barking and growling like a dog and swearing.

The court was told he was also yelling loudly enough for other people to come out of the tavern to observe the incident.

The witness saw Mr Warner try to return to his belongings while the victim was consistently “charging and yelling at him,” he said.

The witness could not remember what occurred to have drawn his attention back to the pair after they hugged each other.

He told the court he could not remember hearing Mr Warner say anything during the incident.

The trial will continue on Wednesday.

Originally published as Matthew Alan Warner on trial over ‘king hit’ punch outside Kings Beach Tavern