THE driver who gave a lift to three people later accused of bashing Cain Anthony Aguiar to death outside a Yarraville pub has told the Melbourne Magistrates Court he didn’t think the fracas was anything major — ‘‘then I heard it was’’.
Stephen Zappia, 22, was the first witness questioned in a contested committal hearing at the court over the alleged murder of the 25-year-old Australian-Canadian man.
On Monday, the courtroom was packed with family and friends of the victim and the three accused: Fostar Akoteu, 23, of Burnside; Jacob Palutele, 23, of Seddon; and Sioeli Seau, 20, of Sunshine North.
Mr Zappia told the court he was smoking outside the Blarney Stone Irish Pub, on the corner of Anderson and Ballarat streets, with about 20-30 people when a fight broke out.
He said it was hard to see exactly what was happening, but after Mr Aguiar was left lying in the gutter he offered Akoteu, whom he knew, and Palutele and Seau a lift and drove them to the Crown Casino.
After he heard Mr Aguiar had died in hospital five days after the fight on July 9, Mr Zappia went to Footscray police station as he thought he might be in trouble. He said he drove them away to prevent any more trouble happening outside the pub.
‘‘I didn’t think it [the fight] was anything major and then I heard it was.’’
The second witness called, Katherine Nguyen, made four different statements to police. She told the court the first statement made on July 9 was false because she was ‘‘tipsy’’, ‘‘hysterical’’ and the police officer she spoke to repeatedly swore at her. She said later statements contained errors or did not include all relevant information.
Ms Nguyen, who was drinking with Mr Aguiar inside the pub and who knew at least one of the accused, said she remembered hearing a cracking sound when the victim’s head hit the curb.
‘‘It [witnessing this fight] is probably the most horrific thing that’s happened in my life so far.’’
Dozens of witnesses are expected to be called in the committal hearing before magistrate Julian Fitz-Gerald.