A former NRL hopeful allegedly accepted an apology from a man, only to fatally punch him moments later during a heated early morning altercation on the Gold Coast.
Oshae Jackson Tuiasau, 29, has pleaded not guilty to unlawfully striking 39-year-old Toro George, claiming he acted in self-defence during an escalating street argument.
The court was told the confrontation unfolded just before 4am on December 19, 2021, on View Ave in Surfers Paradise.
CCTV footage played to the jury showed a group of five men and one woman walking together when Mr George leaned toward Mr Tuiasau, who then struck him once in the face.
Mr George fell backwards and hit his head on the pavement. He died in hospital eight days later, on December 27.
In court, Mr George’s widow became visibly emotional as the moment was replayed on screen, turning away as the fatal blow was shown to the jury.
On the second day of his Brisbane Supreme Court trial, Mr George’s cousin, Junior Marsters, told the jury he saw the men shake hands and make peace shortly before the alleged punch, which left Mr George unconscious on the pavement.
The court was told earlier in the night at the Havana RnB Nightclub, Mr Marsters had heard rumours that Mr George had “touched” a woman, and confronted him about it. He said Mr George denied the allegation.
Footage from inside the nightclub showed a heated confrontation involving Mr George and another man, leading to more people gathering and arguing with some pushing.
The court was told the incident was sparked by the allegations that Mr George had sexually assaulted a woman from the other group on the dance floor.
Mr Marsters said he was trying to keep two groups apart during the heated dispute.
CCTV footage showed the altercation then led outside of the nightclub when uniformed police officers stepped in and attempted to disperse the crowd.
Mr Marsters said he walked off with Mr George before meeting back up with Mr Tuiasau and their niece Lekisha Marsters.
“He (George) apologised … (Tuiasau) accepted the apology,” Mr Marsters told the court.
The group began walking together, but tensions soon flared again. Several witnesses said Mr George became increasingly agitated as he insisted on returning to find his brothers.
However, the others were unwilling to go back and told him to meet them at the hotel instead.
Mr Marsters told the court that Mr George began “screaming” at him in a mix of Cook Island Māori and English
“He was firm on finding his brothers,” Mr Marsters said.
He said the two of them were getting “angry” at each other.
The CCTV footage, leading up to the punch, showed the group arguing with some shoving.
Mr Tuiasau is shown walking on the far right side of the group, not appearing to be involved in any physical confrontation.
As Mr George leaned toward him, Mr Tuiasau quickly struck him once in the face, causing him to fall backwards and hit his head on the pavement. He immediately lost consciousness.
Family members of Mr George looked away each time the footage of the punch was played to the jury. During the first viewing, one relative audibly gasped at the confronting vision.
The footage then showed several people rush to his aid, while Mr Tuiasau walked away.
Lekisha Masters described being in disbelief, seeing her uncle fall to the ground.
“I was in shock … I tried to help him up to get him on to the chair,” Ms Marsters said.
Mr Marsters also described feeling in “shock” at seeing his cousin go down.
“I told the boys, that’s enough, because I’m worried about my family now,” Mr Marsters said,
Another witness, Odain Masters, said he heard Mr Tuiasau say “that is what you get”.
Ms Marsters said she didn’t hear him say anything as he walked away from the scene.
Under cross-examination, Ms Marsters admitted she initially told police her uncle had fallen and hit his head, and not that he had been punched.
She didn’t explain why she and another witness gave that version to police.
Mr Tuiasau was arrested at 4.30am and interviewed at the Southport watch house later that morning, while Mr George was still fighting for his life. He was initially charged with grievous bodily harm.
In a video of the police interview played to the jury, Mr Tuiasau appeared subdued and admitted to throwing the punch.
“I looked at him and then I, I hit him … I punched him,” Mr Tuiasau told police.
“It was a good night … up until the very end.”
He said he got a “shock” when Mr George fell and admitted he had been drinking throughout the night.
Mr Tuiasau told police the confrontation began while the group was leaving Havana RnB Nightclub and that Mr George had “started swearing”.
He said hearing that Mr George had allegedly assaulted a woman known to him inside the club “triggered” him.
“We got face-to-face,” he said.
Crown Prosecutor Toby Corsbie told the court Mr Tuiasau had lashed out after learning of the alleged assault, but the punch was a “single moment in time, a single choice” that caused Mr George’s heart to stop.
Mr Tuiasau’s barrister, Craig Eberhardt KC, argued his client acted in self-defence against “a drunk and aggressive man who had already sexually assaulted a woman that night.”
“It is tragic that he died,” Mr Eberhardt told the court.
He said some of the witnesses were not being truthful in their accounts of what happened that night.
Mr George’s wife, Arden George, became visibly emotional during the proceedings, as the events leading to her husband’s death were replayed in court.
The trial is expected to last five days, with further witnesses expected to give evidence this week.
