UPDATED:
By Amy Maynard and Lillian Altman
amaynard@theguardian.com.au
laltman@theguardian.com.au
THE case for Steven Bartalotta to go to trial for the negligent manslaughter of Jesse Edwards hinges on the reliability of those called to the stand witnessing how he died.
The committal hearing for Mr Bartalotta, began at 10.10am at the Swan Hill Magistrates’ Court on Monday, regarding the fight which occurred outside Barrells Niteclub, Swan Hill, on January 19, 2019, resulting in the death of Mr Edwards.
The committal hearing was put before magistrate Sharon McRae, who had to make an assessment about whether there was sufficient evidence for the accused to go to trial before a jury in a Supreme Court or County Court.
From 10.20am until 1pm, four witnesses were called to the stand, with Matthew Guy, Sharon Guy, Anthony Foott and Adam Pollard questioned by the defence, Ian Hill QC, and the prosecution, Andrew Grant.
Each of these witnesses had signed a police statement on January 19, 2019, and affirmed in court that those statements were true and correct.
Mr Guy and Mrs Guy both confirmed that Mr Guy had been involved with an altercation with Mr Edwards and an unnamed friend, but said Mr Guy had only been pushing the two men, and only pleaded guilty to the charge of affray on the advice of his solicitor.
Mr Guy said that he couldn’t remember much of what happened next, except Mr Edwards was then on the ground next to Mr Bartalotta, with Mr Edwards being on his back, and Mr Bartalotta feeling for a pulse.
Before the police arrived, Mr Guy said he tried to save Mr Edwards with CPR.
Mrs Guy said she had been focused on her husband during the fight, and could not recall seeing Mr Bartalotta near Mr Edwards before leaving the scene in a taxi.
In his testimony, Mr Foott alleged that there were two main groups fighting, with Mr Edwards and his friend being involved in a fight involving pushing and punching with others.
Answering the questions put to him by Mr Hill, Mr Foott said that Mr Bartalotta had been between the two groups, had not been involved in any pushing or throwing of punches, but had been holding Mr Edwards before Mr Edwards fell to the ground.
“Did he [Bartalotta] have his arm around the man’s neck, could you have been wrong about that?” Mr Hill asked, in regard to what Mr Foott had said in his police statement.
“Maybe,” Mr Foott said.
During questioning by the prosecution, Mr Foott said he had seen Mr Bartalotta put his right arm across Mr Edwards’ chest, and his left around Mr Edwards’ ribcage.
Mr Pollard said he had seen Mr Edwards fall to the ground, but claimed he did not see Mr Bartalotta involved.
Both Mr Foott and Mr Pollard said they had seen Mr Bartalotta kneeling between Mr Edwards and his friend, holding both men down, but that Mr Bartalotta had not appeared to be using unreasonable force.
Neither Mr Edwards or his friend had been moving, with testimonies diverging over whether Mr Edwards and his friend had been laying on their stomachs or sides.
All four witnesses had consumed alcohol before the fight, which was used by the defence to allege that their memories of the night may not be accurate.
Three more witnesses appeared before the hearing during the afternoon.
The first was Burton Roberts, a retail assistant, who said his car was blocked when police arrived.
Mr Roberts said he was parked across the road viewing the incident front his rear and drivers side mirror, where he saw Mr Edwards and his brother, Dylan Edwards, and a Caucasian man wearing a blue shirt fighting before the police turned up.
Mr Edwards’ brother Dylan Edwards, who joined his brother and a friend for the night out on the evening of Mr Edwards’s death, said the three of them were drinking.
Dylan, said he was most likely drunk that evening and said “the next day I probably forgot a few things”.
Lisa Bartalotta, the daughter of the accused and an employee at the nightclub, who worked on that night, was the last to speak on the first day of the trial.
Ms Bartalotta said while at the front of the venue, she was unsure how many people or who were involved in the fight.
The committal hearing is expected to last up to five days.
