Moments before a man collapsed on a Gold Coast footpath, a former Titans player says he was being charged at by someone “angry, swearing” and ready to fight.
The trial of former Gold Coast Titans player Oshae Jackson Tuiasau, 30, has entered its final stages, with both sides closing their cases on Monday after six days of evidence in the Brisbane Supreme Court.
Mr Tuiasau has pleaded not guilty to unlawfully striking Toro George, 39, who died in hospital eight days after falling and hitting his head on a Surfers Paradise street in the early hours of December 19, 2021.
Mr Tuiasau returned to the witness box on Monday for further cross-examination, repeating his claim that he feared for his safety and believed Mr George was about to attack him.
“He was lunging,” Mr Tuiasau said.
“He was pushing towards us … he was angry.”
Mr Tuiasau told the court that as the group walked up the street, Mr George was yelling, moving fast, and coming directly toward him.
“Everything happened so quick, everyone was yelling,” he said.
Mr Tuiasau said his friend Odaine, who appeared worried, tried to hold Mr George back.
“Toro was a lot bigger than Odaine … he (Odaine) was trying to hold him back but he wasn’t really successful,” he said.
“I felt like I was in danger at the time … I knew he was looking to fight.
“I feared for my safety at the time.”
The court was previously told there had been a night of escalating tensions stemming from a sexual assault allegation inside the nightclub.
A young woman, known to Mr Tuiasau, was celebrating her 19th birthday and testified that Mr George touched her inappropriately on the dance floor, prompting her brother to confront him and sparking a series of heated altercations captured on CCTV inside and outside the nightclub.
Mr Tuiasau said he became aware of a commotion inside involving Mr George but did not intervene when someone from his group told him that “Toro had touched (a woman’s) vagina”.
He said Mr George had initially apologised after the nightclub incident, and the two shook hands and hugged. But as the group walked down the street, tensions reignited and Mr George allegedly became loud, angry, and aggressive.
The jury again viewed CCTV footage of the moments leading up to the punch and the punch itself. Several members of Mr George’s family turned away or closed their eyes as it was played.
The footage showed shoving between Mr George and other members of the group. Mr Tuiasau, who appeared uninvolved in the physical exchanges, was walking on the far side.
Mr George could be seen leaning towards him before Mr Tuiasau suddenly struck him once in the face. Mr George fell backwards, hitting his head on the pavement, and immediately lost consciousness.
Mr Tuiasau told the jury that he acted instinctively.
“I didn’t have time to think,” he said.
He said he hadn’t mentioned Mr George’s aggression or the earlier nightclub incident during his police interview because he was distressed.
“My mind was scattered … I was kind of all over the place,” he said.
“I couldn’t figure out what was happening to me at the time.”
Mr Tuiasau also said he was worried about Mr George after the incident.
“I was concerned not that he was dead but if he was OK … I had so much on my mind at the time,” he said.
Closing arguments are expected to begin Tuesday before the jury retires to deliberate.
https://thewest.com.au/news/i-feared-for-my-safety-ex-titans-player-faces-final-day-in-court-c-18973766
