Stanley Latu, of Barker Circuit, Kelso, was charged with recklessly causing grievous bodily harm and assault occasioning actual bodily harm to Mark Noonan in Bathurst on March 18 this year, after throwing a punch that left the victim with serious head injuries.

The court was told Mr Latu, who is right handed, hit the victim once with his left hand, causing Mr Noonan to fall back and strike his head on the concrete in the vicinity of the hot dog van at the corner of Keppel and William streets. 

Mr Latu’s barrister Graham Turnbull argued a case of self-defence during the part-heard trial before Magistrate Jan Stevenson.

Mr Noonan, who was in the court to listen to proceedings, walked out in anger when the matter was dismissed. 

The court was told that on the night in question Mr Latu had cut across a darkened parking lot on his way to the Oxford Hotel. As he passed Mr Noonan, the victim made a racial slur, causing Mr Latu to pause and ask what he’d said.

It was alleged Mr Noonan handed his hot dog to his two mates and walked towards Mr Latu, who was on his own.

Prosecutor Phil Donato said all the parties were to some extent affected by alcohol.

“I note Mr Latu is a fairly large fellow, over six feet tall, and has played a high level of rugby league,” he said.

“Deeply offensive comments were made and Mr Latu took a degree of offence to those comments. Those comments were the catalyst to this incident.”

Mr Donato said evidence had been given that Mr Noonan walked towards Mr Latu, who struck out with some force at Mr Noonan, who fell and struck his head on the concrete.

The prosecutor said while the decision to strike the victim had been made in a split second, Mr Latu could have walked away.

Mr Turnbull said Mr Latu is a man of good character who has a reputation for being gentle and calm and controlled both on the football field and off it.

He said Mr Latu had turned himself into police and had been candid and honest with them. 

Mr Turnbull said the accused saw not one, but three people moving towards him. The environment was very dark and he was concerned there might be some violence directed towards him, he said.

“He stopped what he saw as a threat with a single blow with the wrong hand, then walked away,” Mr Turnbull said.

Magistrate Stevenson said the blow caused the victim to fall where there was a disruption in the concrete – she said if he had fallen somewhere else the injuries might not have been so serious.

She said the accused, who is of islander descent, is of prior good character, adding he is not a person she would expect to see before the court.

Ms Stevenson said Mr Noonan had already been loud and aggressive with a bouncer of the same islander appearance who had refused him entry to the Oxford Hotel because of his level of intoxication. 

“In my own mind I cannot come to a firm conclusion one way or the other,” Ms Stevenson said of the matter. 

“If there is a balancing act, the benefit must go to the defendant. It must do,” she said.