A Sydney man has been found guilty of the manslaughter of a Brazilian university student at Surfers Paradise during a brawl over stolen hot chips.
Ricky Kevin Lefoe, 32, stood trial this week in the Brisbane Supreme Court accused of the unlawful killing of Ivan Patricio Susin, 29, during the street brawl in 2019.
Following two days of evidence and final directions from Chief Justice Helen Bowskill on Wednesday morning, the jury returned its verdict within a couple of hours.
Lefoe held his head in his hands and Mr Susin’s family members in the public gallery quietly gasped as the verdict was read out.
Lefoe’s barrister Patrick McCafferty sought a two or three-week adjournment to obtain a pre-sentence report. Justice Bowskill ordered Lefoe’s sentencing be held at a date to be fixed.
During the trial, crown prosecutors and Lefoe’s defence agreed he punched Mr Susin just after 1am on October 1, 2019, outside an Orchid Street kebab shop, causing him to fall and suffer head injuries that claimed his life 10 days later.
The fatal blow resulted from a brawl that started when Lefoe’s intoxicated friend Shaun Simpson grabbed at a container of chips two of Mr Susin’s friends were eating from while sitting outside on a bench.
Gold Coast Detective Sergeant Noel Jones, who investigated Mr Susin’s death and testified at the trial, said outside court it was an extremely tragic case in which “nobody wins”.
“I think it was the right verdict and the family were very satisfied with what has happened in court,” Det Jones said.
“It was a quick verdict and the evidence presented was very clear that what has happened was extremely wrong.
“Their son Ivan has been taken away in the prime of his life over something extremely silly; someone’s stolen chips has resulted in the death of a 29-year-old man living and studying on the Gold Coast and out for a night with his friends.”
Det Jones said the case showed the “sobering reality” of punching another person.
“People see a lot of movies whet they just get up but that’s not reality; people fall and hit their head and never regain consciousness and it happens all too often in Australia,” he said.
Mr Susin’s mother and sister will return to Brazil before Lefoe is sentenced but will be able to watch a live video of the hearing.
The jury was repeatedly shown CCTV footage taken from outside the kebab shop that showed the entire incident, including Mr Susin’s attempt to intervene and the punch that ultimately killed him.
Three bystanders testified that they heard shouting before and during the brawl but could not recall or did not hear the words that were used.
One witness testified they saw Mr Susin attempt a “haymaker” punch and agreed with Mr McCafferty that it was “delivered with great force”.
Kebab shop worker Yousef Majed Abu Meizer testified Mr Susin appeared drunk and within a matter of seconds he left the shop, punched or pushed one of the two men who started the fight and was then knocked down.
Mr McCafferty told the jury his client took action because Mr Susin had attempted to throw a powerful punch at his friend from behind.
In her closing statement, crown prosecutor Elizabeth Kelso said Lefoe had watched Mr Simpson pin a smaller man to the ground and punch him repeatedly before punching Mr Susin after he tried to help.
© AAP 2023
