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AAP
AAP
National
Rex Martinich

Video of brawl over chips played at manslaughter trial

A Queensland jury has been shown CCTV footage of a brawl over stolen chips that allegedly resulted in a man being fatally wounded.

Ricky Lefoe, 31, of Sydney has faced Brisbane Supreme Court for the first day of his trial after pleading not guilty to one charge of manslaughter over the death of Brazilian national Ivan Patricio Susin.

Mr Susin, 29, died in hospital 10 days after he was allegedly punched by Lefoe about 1am on October 1, 2019, leading him to hit his head on the ground outside a kebab shop on Orchid Avenue in Surfers Paradise.

Crown prosecutor Elizabeth Kelso said Mr Susin was ending a night out with three friends in the early hours of a Tuesday morning when the streets were still busy with athletes from the University Games.

"They decided to get some food before they made their way home and where better to do that than at the kebab shop," Ms Kelso said.

Ms Kelso said two of Mr Susin's friends, Johnny Lodge and Kai Thake sat on a bench nearby to eat their kebab and chips while the third friend, Jordan Naylor, walked to another shop to buy cigarettes.

Mr Susin walked into the kebab shop to place his own order.

"Johnny and Kai sat on the bench blissfully unaware that their night was about to be interrupted," Ms Kelso said.

"(Lefoe) was out that night with his friend Shaun Simpson. The two men did not know Ivan Susin and his friends ... and were absolute strangers until this moment."

Ms Kelso said Mr Simpson took food from Mr Lodge and Mr Thake's laps and kept walking, leading to an exchange of words and Mr Simpson turning back and physically confronting the pair.

"Mr Simpson started throwing punches at Johnny ... ultimately the pair ended up on the ground ... Mr Simpson threw a punch straight to the face of Mr Lodge, he geared up to throw another one as Mr Susin joined the group," Ms Kelso said.

Ms Kelso said Mr Susin threw a punch at Mr Simpson that "missed by a country mile" before Lefoe punched him in the face, knocking him backwards and causing a fatal head injury when he hit the ground.

Mr Naylor later testified, under cross-examination from Lefoe's barrister Patrick McCafferty, that he could not recall Mr Susin throwing a punch but when reviewing the CCTV footage he could see that he did.

Three people who were on Orchid Street that night and unrelated to both parties were called as witnesses.

All three testified that they heard shouting before and during the brawl but could not recall or did not hear the words that were used.

One witness testified they saw Mr Susin attempt a "haymaker" punch and agreed with Mr McCafferty that it was "delivered with great force".

Kebab shop worker Yousef Majed Abu Meizer testified that Mr Susin appeared "drunk" and within a "matter of seconds" he left the shop, "punched or pushed" one of the two men who started the fight and was then knocked down.

Mr Lodge testified that it "all happened so fast" after Mr Simpson dragged him off the bench and stood over him to punch his torso.

Mr Lodge said Mr Simpson then ran off as if something was "seriously wrong" and the next thing he saw was Mr Susin on the ground.

The trial continues on Tuesday before Chief Justice Helen Bowskill.

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