THE SYDNEY man charged with the manslaughter of Irish backpacker Gearóid Walsh (23) has been released on bail of 10,000 Australian dollars (€6,000).
Tobias Simmons spoke briefly outside the court afterwards. He will appear at Waverley Local Court on November 18th. In addition to manslaughter, he is charged with reckless wounding and assault occasioning actual bodily harm.
Parramatta Bail Court heard at the weekend that Mr Simmons (28) complained that Mr Walsh was taking too long to pay for his food in a kebab shop, in the Sydney suburb of Coogee, on Sunday, October 25th, and an argument ensued.
Mr Walsh and his brother Ciarán (27) left the premises, but a police statement read in court said Gearóid returned moments later to throw food at Mr Simmons.
The court heard that Mr Walsh swore at his brother when he tried to stop him returning to the dispute.
Mr Simmons’s barrister, Peter Bodor QC, told the court Mr Walsh was hit in “a one-punch situation”.
Mr Walsh hit his head as he fell to the ground. “The victim became disoriented . . . and stumbled about four metres, where he collapsed to the ground at the entrance of the Coogee Legion Club,” the court heard.
Mr Walsh stopped breathing and went into cardiac arrest. He was taken to a nearby hospital and placed on life support. He died four nights later after his family decided to take him off life support.
The court heard the incident was captured on CCTV footage. There is also footage which shows Mr Simmons leaving the Coogee Bay Hotel shortly before the altercation.
“There are statements about the prior conduct of the alleged victim, which could be regarded as provocative,” magistrate George Zdenkowski said.
“There is an allegation of self defence . . . It appears to be non-contentious that [the victim’s] brother sought to discourage him from pursuing a course of conduct that in some ways tragically led to the ultimate outcome,” Mr Zdenkowski said.
“The victim appeared to be the aggressor up until a certain stage.”
Mr Simmons, who lives in Clovelly, a neighbouring suburb of Coogee, left the scene immediately after the fight but turned himself in to police last Friday afternoon following an emotional public plea from Mr Walsh’s mother Tressa to give himself up.
Mr Bodor said Mr Simmons deeply regrets what happened. “He’s devastated, as are many people, but he’s also very grateful and humbled by Mrs Walsh’s generosity of spirit and her humanity,” he said.
Mr Bodor told the court Ms Walsh was a “voice of reason” when she publicly asked that his client be spared a jail sentence.
Mr Zdenkowski said Ms Walsh’s statement was “very moving”. He took the accused’s “unblemished prior character” and stable family situation into account when he granted bail to Mr Simmons.