Mitchell Joyce charged with manslaughter over Matthew Hayes’ death

Witnesses told police they heard the smack of a father’s head hitting the ground outside a Queensland pub, as the man accused of pushing him, causing his death has allegedly suggested he was “acting in the aid of other people”, court documents state.

A man accused of fatally pushing a father outside a Queensland pub is contesting his manslaughter charge after allegedly suggesting he was “acting in the aid of other people”, court documents state.

Matthew Hayes, 38, died in Royal Brisbane and Women’s Hospital several days after he was allegedly assaulted outside the Lighthouse Hotel in Burnett Heads near Bundaberg in June.

According to police Mr Hayes was creating a “verbal disturbance” with hotel staff and patrons from the attached motel just before 9pm on the night in question.

Matthew Hayes died after allegedly being pushed over outside a pub

Police allege Mitchell Kieran Joyce, whose brother’s girlfriend was involved in the disturbance, rushed Mr Hayes and shoved him with force causing him to fall and hit his head on the ground.

According to court documents a nearby witness heard “the smack of the victim’s head hitting the ground”.

Mr Hayes was taken to Bundaberg Base Hospital where a brain bleed from a skull fracture saw him transported to Brisbane for further treatment.

He was placed on life support with a traumatic brain injury but later died.

Joyce, 27, declined to be interviewed by police but allegedly said he “shoved the victim because he deserved it” and suggested he was “merely acting in the aid of other people”, according to court documents.

He was charged with grievous bodily harm which was upgraded to manslaughter after Mr Hayes died.

Mitchell Kieran Joyce (pictured) was charged with grievous bodily harm over the alleged altercation at the Lighthouse Hotel but this upgraded to manslaughter after Matthew Hayes died.

In an affidavit police opposed bail which Joyce applied for in Brisbane’s Supreme Court last month.

“The victim, although being intoxicated and verbally loud to other patrons at the time, is a small build and was not able to defend a blindsided attack from behind nor to prepare himself for such an impact of the defendant,” police alleged.

But Joyce’s lawyer Katie Wolff said in an affidavit that the police objection to bail unfairly misrepresented the evidence by omitting Mr Hayes alleged violent conduct before or during the incident and that he was seen advancing aggressively towards others at the time he was pushed by her client.

Ms Wolff said the matter was currently contested.

In a statement to police, Joyce’s brother’s partner Stantanamarie Elsmore, who was previously employed at the Lighthouse, said the three of them had gone there for a drink when she was asked by a staff member for help in dealing with an unruly Mr Hayes.

She said Mr Hayes was in a standoff with motel patrons outside and looked “like the angriest person I have ever seen”.”

Ms Elsmore said she told him to leave and tried to drag him away, eventually grabbing his bicycle telling him to “get the f**k out”.

She told police Mr Hayes reacted by saying “I’ll f*****g punch you in the head you f*****g mutt” and start running at her.

“I braced myself for a physical attack as he was running at me quickly,” she said in her statement.

Matthew Hayes.

Ms Elsmore said the next moment Mr Hayes was lying on the ground.

She then helped a patron put him in a recovery position and rang triple-0.

Police said Ms Elsmore and her boyfriend “provided slightly conflicting versions to what was observed on CCTV.”

A statement from Lighthouse bartender James Cherry said Mr Hayes was in an aggressive posture and confronting someone before the incident.

He said he put himself in front of Mr Hayes and felt he might get punched by him.

Joyce’s bail application was withdrawn on November 13 by his barrister Martin Longhurst who told the court previously unavailable material had since been disclosed.

An application for bail may be made at a later date.

Mitchell Joyce was charged with manslaughter for the death of Matthew Hayes.

Originally published as Mitchell Joyce charged with manslaughter over Matthew Hayes’ death