Man on trial for fatal Central Coast punch acted in self-defence, court told

The following article by Georgina Mitchell (transcribed below) appeared in the Sydney Morning Herald on March 12, 2019.

*By way of update since the article was printed: the first trial resulted in a hung jury and a second jury found Mr Habkouk guilty of assault occasioning death. Mr Habkouk did not go to gaol though, due to the unusual circumstances of this case. The Judge stated, "I am of the opinion that serving a sentence by way of full-time detention is not more likely to address the offender's risk of re-offending, which I find low," she said.

A man who fatally punched another man outside a hotel on the Central Coast has argued he acted in self defence, after it was alleged in court that the punch was "payback time" for a woman being targeted with a "coathanger" manoeuvre.

George Habkouk, 50, has pleaded not guilty to a charge of assault causing death after he punched Haydn Butcher, 30, in the head outside the Lakes Hotel at The Entrance in the early hours of January 1, 2018. Mr Butcher died in hospital the next day.

On Tuesday, a trial at the NSW District Court was told Mr Butcher was "ejected" from the hotel at about 10.30pm on December 31, 2017 after an argument with his girlfriend, and lingered near the building until about 1am.

Crown prosecutor Paul Lynch said Mr Habkouk arrived at the hotel at about 11.30pm with a group of people including three staff members from his pizza restaurant. While inside, one of his employees – Charlene Easton – was punched in the face by the ex-boyfriend of a woman who was drinking with them.

Ms Easton went outside, saw her attacker and began to run towards him, but was stopped abruptly when Mr Butcher walked into her path and put out his arm, in a move Mr Habkouk's barrister described as "stopping the girl dead in her tracks with a coathanger".

Ms Easton is expected to give evidence that she thought she had been knocked out for several seconds. Mr Lynch said one of the hotel's security staff asked Mr Butcher – who was not the man who punched Ms Easton inside – why he stopped the woman, and he responded, "I was just mucking around".

Mr Lynch said Mr Habkouk, who had followed his employee outside, "wasn't amused".

"He went straight up to Mr Butcher and struck him with some force to the head," Mr Lynch said.

"He fell backwards, his head struck the pavement. A number of witnesses will tell you they heard a very loud crack or thud as his head hit the pavement."

Mr Lynch said Mr Habkouk threw the punch when the situation had finished and Ms Easton was walking away, which was "not reasonable". He described the punch as "payback time".

CCTV of the incident is expected to be played to the jury on Wednesday.

Defence barrister Tom Hughes said his client was protecting himself and his employee when he hit Mr Butcher, and urged the jurors not to look at the actions with the benefit of hindsight.

"I can't be clearer about it: it is a case in which the accused raises self-defence and defence of another," Mr Hughes said.

Mr Hughes said Mr Butcher went into what would be described as a "victory dance" with his arms in the air after he "coat-hangered" Ms Easton. He said Mr Butcher dropped one hand when Mr Habkouk approached, which "could have been construed as potential attack".

"You have to put yourself in the position of Mr Habkouk," Mr Hughes said.

The trial continues before Judge Jonathon Priestley.