Three face Byron court over nightclub brawl
Two brothers and their nephew appeared in Byron Bay Local Court yesterday to defend charges they assaulted a doorman at the popular Byron Bay venue last July.
The matter had been part-heard in Murwillumbah Local Court on Tuesday.
In their defence, the men subpoenaed a number of witnesses and one of them yesterday confirmed a statement she made to police that the bouncer had repeatedly punched one of the accused, Peter Gerald Sullivan, 46, of Yamba.
In her statement, Victoria Kennedy said that there was one particular bouncer repeatedly punching the person being restrained on the ground in the early hours of July 15.
"I was worried and tried to pull the bouncer off. The bouncer pushed me away," she said in her statement.
"After he pushed me away the bouncer went back in for more and continued punching the restrained person to the head."
She goes on to say that she tried to get in between the bouncer and Mr Sullivan, trying to convince him that he had restrained the man and could stop hitting him.
"From when I arrived on the scene I didn't see the other guy doing anything wrong. He wasn't lashing out or resisting. He wasn't posing a threat to any of the bouncers," she said.
"The whole episode continued for about a minute and a half."
Peter Gerard Sullivan faces charges of assault and failing to quit licensed premises.
His 48-year-old brother, Paul Sullivan, of Suffolk Park, and their 28-year-old nephew, Kyah Schwartz, of Bellingen, also face assault charges relating to the incident.
Documents tendered to the court said Peter Sullivan had gone to Cocomangas after attending his niece's 21st birthday party at Byron Bay and was already drunk when he arrived at the nightclub.
Victoria Kennedy said she did not know any of the three accused when she attended Cocomangas on the night.
When questioned under oath by Magistrate Jeff Linden, she was asked if she was certain that the bouncer she described in her statement was indeed the one who she said was punching the defendant.
After viewing CCTV footage taken outside the club, Ms Kennedy admitted she made a mistake when she described the bouncer as having a shaved head. She realised the one she witnessed punching Mr Sullivan was the second bouncer, who was wearing a beanie.
The soundless CCTV footage shows Mr Sullivan being escorted from the nightclub and made to wait just outside the door, with one bouncer on either side of the entrance watching patrons come and go.
When Mr Sullivan sidestepped the bouncer to re-enter the club the bouncer pushed him out of camera range and pursued him.
The remaining footage showed the other bouncer following him and patrons from inside the club running to the scene where the alleged assault took place. The hearing will resume on October 9 to allow for another witness who made a statement to police to testify.