Oshae Jackson Tuiasau fatal punch trial: Witness told cops the deceased just fell over
Witnesses to a fatal punch on a Glitter Strip night out have been probed on inconsistent statements amid revelations two of them told police the deceased had simply fallen and hit his head.
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Witnesses to a fatal punch on a Glitter Strip night out have been probed on inconsistent statements amid revelations two of them told police the deceased had simply fallen and hit his head.
Griffin man Oshae Jackson Tuiasau, 30, a one-time rugby league prodigy who played a series of age-group State of Origin in 2015, has pleaded not guilty to a charge of unlawful striking causing the death of New South Wales man Toro George, 39.
Mr George was at Surfers Paradise celebrating a work mate’s birthday on December 19, 2021, when the punch occurred. He died a week later on December 27.
The trial previously heard Mr Tuiasau’s group became involved in a fracas with Mr George’s group after Mr George allegedly groped a woman from Mr Tuiasau’s party on the dancefloor at Havana Nightclub about half an hour before the fatal blow.
The groups were both ejected, and it was while Mr Tuiasau, Mr George, Mr George’s cousin Junior Marsters, his niece Lakisha Marsters, and two others were walking along Surfers Paradise Blvd that Mr Tuiasau punched Mr George.
The incident was captured on CCTV.
The defence case is that Mr Tuiasau was acting in self-defence against a drunk and aggressive man who had already sexually assaulted a woman that night.
The trial continued on Tuesday with Mr Marsters, who was the link between the two groups as he was Mr Tuiasau’s old school buddy and Mr George’s cousin, giving evidence.
Mr Marsters, who previously told the trial he heard Mr Tuiasau say something like, “That’s what you get”, after delivering the fatal blow, was asked by defence counsel Craig Eberhardt KC why he didn’t use that phrase during a 2022 committal hearing.
According to Mr Eberhardt, Mr Marsters said on that occasion he recalled Mr Tuiasau saying something more like, “He’s [Mr George] arcing up, bro,” after the punch was thrown.
Mr Marsters responded that it was only upon close examination of the CCTV that he recalled the detail.
Mr Eberhardt asked whether Mr George had become increasingly “angry and belligerent” in the moments before the punch.
Mr Marsters replied yes, but only because he wanted to go back to the club to try and find his two brothers, with whom he had become separated.
Lekisha Marsters, Junior Marsters’ niece, also gave evidence.
She told the trial she witnessed Mr George apologise to Mr Tuiasau before they shook hands.
She said the group were walking along Surfers Paradise Blvd when “out of nowhere I just seen him [Mr George] fall to the ground”.
She denied actually witnessing the punch but confirmed she was aware that that’s what happened.
Mr Eberhardt took Ms Marsters to her initial police statement and highlighted that she told investigating officers Mr George “just fell over and hit his head”.
He asked why, if she didn’t know Mr Tuiasau from a bar of soap, and she was close with Mr George, whom she considered to be an uncle, she lied to police.
“Because I was intoxicated,” she responded.
Mr Eberhardt then pointed out she had previously told the trial she was only three-out-of-ten intoxicated.
He asked if the reason she lied was because she knew Mr George was being aggressive towards Mr Tuiasau, and had sexually assaulted a member of Mr Tuiasau’s party on the dancefloor.
She denied this.
Odain Marsters, another relative present on the night in question, also admitted to lying about how Mr Tuiasau became injured.
“He just fell and collapsed,” Odain Marsters told officers in body-worn camera footage played to the court.
Mr Eberhardt asked why Odain Marsters lied.
“I was in shock,” he replied.
“I didn’t want things to get more serious.”
The trial continues.
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Originally published as Oshae Jackson Tuiasau fatal punch trial: Witness told cops the deceased just fell over