A disagreement over a game of pool was the impetus for a deadly punch outside a regional Queensland tavern, a court has heard.
Declan Jamie Thomas Burton has pleaded not guilty to one count of unlawful striking causing death at the Supreme Court in Maryborough.
The 23-year-old is accused of punching James Andrew Curtis on the side of the head in a car park outside the Lamington Hotel in Maryborough — about three hours’ drive north of Brisbane — in November 2023.
Mr Curtis died in a Brisbane hospital two weeks later.
Victim ‘no threat’ to defendant, court hears
Crown prosecutor Stephen Muir said the men had been drinking separately with their friends when Mr Curtis walked over to Mr Burton and his former girlfriend, Emma Pavey, to inquire whether Mr Burton wanted to join their game of pool.
CCTV footage played to the court showed Mr Burton throwing a pool cue down on the table after being asked to play and then walking outside. Mr Curtis followed Mr Burton.
“Mr Curtis could have let go, could have given Mr Burton a pass for the juvenile misbehaviour,” Mr Muir said.
“Unfortunately, he made the decision to take it up with Mr Burton.”
Declan Burton has pleaded not guilty at the Maryborough Supreme Court. (ABC Wide Bay: James C Taylor)
Mr Muir said the men were talking to each other before Mr Burton “sets upon” Mr Curtis in their first altercation.
The security video played to the court showed Ms Pavey and Mr Burton’s friend Tyler Payne intervened to separate the two men.
Mr Muir said Mr Curtis reported the assault to the bar’s duty manager, Riley Roos. and other bar patrons.
“Mr Curtis was no threat to Mr Burton or anyone else,” Mr Muir said.
The court was told that Mr Burton came back over to Mr Curtis “at some speed” to deliver the fatal blow.
Self-defence argument
Defence barrister Anthony Kimmins said Mr Curtis had delivered a “barrage of vitriol” towards Mr Burton and Ms Pavey.
The court heard Mr Burton’s interview with police, where he said Mr Curtis threw a punch that did not connect during their first scuffle.
Mr Kimmins said Mr Curtis continued to make verbal threats after they had been separated, which left Mr Burton concerned for the safety of himself and Ms Pavey.
“It seems at no stage did he back down from wanting to fight Declan,” Mr Kimmins said.
The court heard Mr Burton told detectives Mr Curtis had threatened him: [James Curtis] was going to knock me out, so it was either me or him on the ground.”
In his closing submission, Justice Peter Davis said the jury must consider whether the strike was “authorised, justified or excused by law.”
The jury has retired to consider their verdict.
