A MAN who was bashed to death outside a Yarraville pub may have been affected by alcohol, a bartender told the court on Wednesday.
Canadian-Australian Cain Aguiar, 25, died in hospital five days after a fight outside the Blarney Stone Irish Pub on July 9 last year. Three men have been been charged with his murder: Fostar Akoteu, 23, of Burnside, Jacob Palutele, 23, of Seddon, and Sioeli Seau, 20, of Sunshine North.
Claire Nixon was working behind the bar that night.
At a committal hearing in the Melbourne Magistrates Court, Ms Nixon said she’d noticed Mr Aguiar because he hadn’t been there before and had an accent. She said that night he drank four to five pots of full-strength beer and two shots — the last was a ‘‘Jager bomb’’ (Jagermeister mixed with Red Bull).
In response to a defence question as to whether he was drunk, she replied: ‘‘It would have affected him, but he appeared to me not to be intoxicated.’’
Another witness, the pub’s duty manager Kelly Smith, said she had earlier noticed a group of 7-8 Polynesian-looking men in the bar because they weren’t regulars. She said they caused no trouble inside the pub.
Ms Smith said she went outside after a fight had started and later saw one man punch Mr Aguiar, who fell to the ground, and stomp on his head. ‘‘The victim fell to the ground and hit his head on the kerb. The same male then jumped on the victim’s head using his feet to push it down. He used both feet and stomped on his head once.’’
The court then heard from Blarney Stone security guard Raymond Thompson who said he pushed the man who punched Mr Aguiar against a wall.
‘‘As I held onto this male, his mate, who had also been involved in the earlier fight, came over to the victim who was on the ground at the time and I saw him stomp on the victim,’’ Mr Thompson said.
Earlier, the court heard pub patron Andrew Edmunds say one man had delivered the last punch. He told the court it was ‘‘a dog shot, by this I mean the tall guy never saw the hit coming’’. Mr Edmunds said another man stomped on the victim as he lay on the ground, possibly on his chest.
Katherine Nguyen had earlier told the court she she did not see who punched Mr Aguiar last but that she clearly saw Akoteu stomping on his head after the alleged victim fell.
The committal hearing continues before magistrate Julian Fitz-Gerald.