Street brawls Australian style, kickboxer dies

**Kungfoolss** · Posted On: 6/03/2003 11:42am

All-in brawl because of chips on bar, court told

By MALCOLM WEATHERUP

03jun03

Defendant Malcolm John Smith yesterday

A DISAGREEMENT over a handful of bar food in a Kirwan restaurant last December sparked an all-in running brawl that ended with the death of one of the fighters, according to evidence in the Townsville Magistrates Court yesterday. The court was hearing evidence at committal proceedings against Malcolm John Smith, 33, of Kelso, who is charged with the manslaughter of David Anthony Sinclair, 23, of Kirwan, in the car park of Buffalo Joe's restaurant in Kirwan on December 20 last year. Witness Terence John Williamson said he was with Sinclair on the night of the fight, along with another friend named Ben Carter.

Mr Williamson described how the trouble started.

"David (Sinclair) was at the bar when he grabbed some chips, thinking they were still free because they'd been going around before," Mr Williamson said. He said it turned out that the food on the bar was for a private Christmas party and one of the group said something like "F... off, that's my f...... food." Mr Williamson said Sinclair apologised, saying he did not know it was for a private function, but the other man said "F... you", and because Sinclair had apologised he angrily replied "So f... you too, mate."

He said the man then punched Sinclair, Mr Carter threw a drink over the man and waved the glass at others in the group before smashing it on the floor. That instantly sparked a brawl, in which another witness said billiard balls were thrown and glasses were smashed. The fighting spilled out into the car park where Mr Williamson said he saw a man he could not identify "power push" Sinclair to the ground before attacking him. "I reckon that's when he died . . . or was knocked unconscious," he said.

Asked by barrister Harvey Walters, for Smith, where he had met Sinclair, Mr Williamson said they had gone to Street Karate classes for a couple of years or more.

Mr Walters: How long had you been doing (martial arts)?

Witness: About nine years.

Mr Walters: Do you hold any level in martial arts?

Witness: Yes, I'm a black belt in western kick boxing.

Mr Walters: How long had David Sinclair been doing kick boxing?

Witness: About two years.

Mr Williamson admitted using his kick-boxing skills in the fight, "but only light kicks to warn people off".

The hearing had earlier been played a video record of interview police had with Smith two days after the brawl. In it, Smith denied he had kicked and stomped on Sinclair as they fought and wrestled. "When he went down, I tripped over him but kept going to get away from the fighting." He admitted getting phone calls from friends later on the night of the fight and the next day saying "that bloke is dead, you're f....., you're ruined, they say you killed him, get a lawyer". Smith then told the interviewers: "I've never stomped anyone, ever, pissed or sober."

A pathologist who carried out the autopsy on Sinclair is expected to give evidence on the cause of death when the hearing resumes this morning.

http://townsvillebulletin.news.com.au/common/story_page/0,7034,6536065%255E14787,00.html

**repeater75** · Posted On: 6/04/2003 1:31am

That's what you get for being rude, folks. People should learn to be more polite to each other and this idiot crap wouldn't happen.

**PHILBERT** · Posted On: 6/04/2003 1:33am

Bastard should get the death sentence for that ****. People who murder don't deserve to walk this planet.

Edited by - PHILBERT on June 04 2003 01:34:28

**SLJ** · Posted On: 6/04/2003 4:33am

All over some fucking chips !

Repeater75 is 100% correct, a little bit of politeness goes a long way, and might stop you being killed over some savory bar-snacks.

&gt;Witness: Yes, I'm a black belt in western kick boxing.

Ummm, no belts in kickboxing I'm afraid, it's boxing with kicks in.

Don't get me wrong, not having belts is a very good thing IMO.

----------------------------------------------------------
Space may be the final frontier,
But it's made in a Hollywood basement.

**tombot** · Posted On: 6/04/2003 7:30am

That's nothing. I killed a guy for looking at my chips once. Another time I was gonna kill a guy for thinking about my chips, but I wan't 100% sure he was really thinking about them. I knew he was, but since I couldn't say with absolute certainty, I decided the right thing to do was let it go.

**Balloonknot** · Posted On: 6/04/2003 11:44am

He should have studied the "scientific" art of SCARS and then he would have not had to kill him.

Doh!

**Freddy** · Posted On: 6/04/2003 4:22pm

Moral of the story is NEVER EVER EAT CHIPS IN A BAR!

HE HEH HEH!

"Do what thou wilt is the whole of the Law"

**Phoenix** · Posted On: 6/04/2003 4:42pm

If that's how he acts when someone takes his chips, I'd hate to see what he'd do if I slept with his girlfriend.

The best won victory is that obtained without bloodshed - Bushido proverb

9chambers · Posted On: 6/05/2003 11:28pm

If I ever get mad enough to kill someone because they spilled some chips on the bar then I hope to God the government would give me the chair. I wouldn't want to live with such little common sense. I don't care how rude someone is .. that is just retarded. A few curse words should have covered it, killing someone because of your foolish pride is just freaking retarded. Get some self-esteem that doesn't depend on you pretending to be a cowboy. This isn't the old West.

Alchohol makes people stupid, makes stupid people even more stupid. Stupid people shouldn't drink.

**Phoenix** · Posted On: 6/06/2003 12:00am

It would be much more worthwhile to put this guy in prison, a place where there are nothing but angry, anti social guys who have nothing better to do than lift weights and beat the hell out of eachother on a daily basis. Let's see how tough he is there.

I'm bettin he gets stomped thoroughly within his first 2 days on the inside.

The best won victory is that obtained without bloodshed - Bushido proverb