'Bias' doubt sets accused free

SAMUEL BUULTJENS will not stand trial over the death of an Irish traveller in Byron Bay because a jury could not 'safely' convict him of manslaughter.

Lismore magistrate Robyn Denes found any jury decision convicting Mr Buultjens, 20, would be an 'unsafe verdict'on the grounds evidence given by some witnesses was likely to be an issue of 'hindsight bias'.

Mr Buultjens, from Newrybar, put his head in his hands in relief as the decision registered. He was a free man. The four Irish friends of the deceased - Colm Kenny, 30 - including best friend Brian Milligan, who had been with him the night he died in May 2008, immediately walked from the courtroom.

It was also revealed Mr Kenny was not the man who threw a pie into a woman's face that night, as had been suggested early in the hearing.

Ms Denes found the case circumstantial.

Crown prosecutor Brendan Queenan had correctly pointed out Mr Buultjens acknowledged 'good character' and honesty in coming forward to police, but was also 'a double-edged sword' because of his recollections to police, she said.

In a statement to police he said: “I threw another punch I remember it connecting ... I remember him tripping, falling back, hitting his head.”

The magistrate said some witnesses were drunk, and four witnesses saw Mr Kenny stumble before a punch was thrown. Witnesses also said they thought the two men had only been 'mucking about' with Mr Buultjens chasing Mr Kenny.

Ms Denes questioned how much evidence had been 'impacted' on by people reading about the matter, and possibly reconstructing it in a way as to be 'favourable to the deceased'.

Mr Queenan argued it should go before a jury because 'single punch' manslaughter, where a person injured their head falling and then dying, was common.

Defence barrister Peter Hamill SC argued Mr Kenny may have fainted then fallen, saying an autopsy had revealed a heart condition.