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The Canberra Times
The Canberra Times
Hannah Neale

Guard's wrist shattered in alleged bar fight when 'hell broke loose'

Two brothers are accused of being involved in a fight outside a pub "when all hell broke loose" and a security guard's wrist was shattered.

Todd James Seears, 23, and Matthew Stephen Seears, 28, faced the start of a hearing in the ACT Magistrates Court on Tuesday.

Both have pleaded not guilty to multiple charges including affray and common assault.

Matthew Seears has also pleaded not guilty to assault occasioning grievous bodily harm, and assault occasioning actual bodily harm.

A prosecutor alleged that on November 26, 2022, both men were involved in a "scuffle" outside Hopscotch bar on Lonsdale Street, Braddon.

She said about 8pm security guards asked Todd Seears to leave the pub after seeing him smoking a cigarette in the beer garden.

It is alleged that while being escorted outside he said words to the effect of "we can take them", before verbally confronting security on the footpath.

"Matthew then ran into and collided with a security guard causing him to lose his balance," the prosecutor stated.

"A scuffle then broke out involving a number of security guards and the defendants."

When a security guard placed Matthew Seears in a headlock, he allegedly punched the other man in the back of the head multiple times.

Todd James Seears leaves court on Tuesday. Picture by Hannah Neale

He is then accused of running at a security guard, colliding with his back and causing him to fall to the ground.

The prosecutor told the court the alleged victim suffered a fractured wrist which required a metal plate and screws inserted along with multiple surgeries.

Giving evidence to the court, the alleged victim said: "Out of nowhere a skinnier fella came and charged".

"[We] fell down like pins in a bowling alley and then all hell broke loose," he stated.

The security guard, who still had his arm in a sling, told the court he suffered "shattered bones and tendons in my hand" as a result.

Todd Seears is also accused of punching another security guard's face about five times.

The man with the injured wrist told the court he "did see almost like a superman-style guy come out of nowhere and hit [another guard]".

Defence lawyer James Maher, who represented Todd Seears, said there was an issue as to whether his client had engaged in self-defence.

Mr Maher argued that while the security guards were "certainly right to remove him from the premises", Todd Seears was outside the pub when the altercation happened.

"He was asked to leave and he left," the lawyer said.

"As is often the case with [CCTV] footage it doesn't tell the whole story.

"There is no concession the security guards were acting within their lawful authority."

Matthew Seears' lawyer, Tom Taylor, stated identification of his client in CCTV footage was an issue.

Mr Taylor said if the court determined his client was identifiable in the footage and through various witness evidence, self-defence would be raised.

"I'm not sure there is any power for a security officer to use power once a person has been removed from a premises," he argued.

The hearing continues.

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