Man told mate to \'run for your life\' before alleged attack by QC\'s sons

Advertisement

Man told mate to 'run for your life' before alleged attack by QC's sons

A man allegedly bashed by three others, including the sons of a prominent QC, told his mate to "run for your life" minutes before they were viciously set upon after an AFL final, a court has heard.

Leonard Tricarico told Melbourne Magistrates Court he was walking in East Melbourne, not far from the MCG on September 7 last year, when he turned and saw companion David Raeside being kicked by another man.

"I pulled him out and said, 'Run for your life’ and we ran around the corner," Mr Tricarico said on Monday of the incident, which happened in the hours after Richmond beat Hawthorn in a qualifying final.

"I said, 'Dave, just run for your life, just run for your life'."

Advertisement
Loading

Police allege brothers Dominic and Sam Walker, aged 28 and 25, and friend Benjamin Fitt, 28, bashed the two men. One of the victims suffered a broken arm and the other facial injuries.

The Walker brothers, the sons of Tim Walker, QC, and grandsons of pre-eminent scientist and 2000 Australian of the Year recipient Sir Gustav Nossal, and Mr Fitt are facing a hearing that will determine whether they stand trial.

The court heard that after Mr Tricarico urged Mr Raeside to flee, the two men ran for about 200 metres, and waited a few minutes before they returned to try to get a taxi. They were then allegedly set upon.

"I was on the ground and it felt like a lot more people than three," Mr Tricarico said of the second incident.

"People came at us. One person charged and I have pushed him over and then people were all over me and that’s the wrestle to the ground [that Mr Raeside saw]."

Video footage recorded by a bystander shows a man in a Richmond beanie repeatedly punch and stomp on a man lying on the road, while two other men can be seen assaulting another man behind.

Mr Tricarico, who is in his 40s, suffered a broken arm and told police he was kicked 10 times. Mr Raeside, aged in his 60s, suffered a fractured cheekbone.

A witness told police the attack was "horrifying", and said one of the men appeared defenceless as he lay on the ground. "It just wasn't a fair fight at all," the witness said.

The court heard Mr Raeside, Mr Tricarico and two other men drank heavily from before the game and through the night.

The pair rejected suggestions they had organised to change their stories about the incident.

Defence counsel Ian Hill, QC, for Dominic Walker, told the court that at hospital in the hours after they were assaulted Mr Raeside recorded a blood alcohol level of 0.225 and Mr Tricarico 0.188. Mr Raeside admitted to court he was drunk, while Mr Tricarico said he was "tipsy".

Defence lawyers asked both men if there was a dispute over a taxi in Wellington Parade, and both denied suggestions one of them punched a taxi window or opened a back door and tried to pull a passenger out.

Mr Raeside said he recalled "a few young men started mouthing off at us for some reason" near the Pullman Hotel and admitted: "I probably gave them a bit back."

He said he remembered seeing Mr Tricarico wrestling one man on the ground, but couldn’t recall anything afterwards until he was at The Alfred hospital.

Mr Raeside was asked by defence lawyer Peter Morrissey, SC, for Mr Fitt, whether he was angry at seeing two young men get into a taxi before him, and replied: "It might have happened but I can’t recall."

He denied he was angry and said he never got a taxi that night.

"No, I got an ambulance ride instead," he said.

A taxi driver who saw the fracas said a man punched the side of the cab before trying to open the back door.

"One of them had a big head and was really drunk and looked really violent," the taxi driver told police.

Mr Raeside and Mr Tricarico both denied this was them.

Mr Tricarico said he must undergo more surgery to repair a broken wrist and amended his statement to say that he heard someone tell him: "I am going to f---ing kill you, I am going to f---ing kill you."

Mr Fitt's barrister, Peter Morrissey SC, suggested to Mr Raeside that he had changed his story to avoid getting Mr Tricarico in trouble.

"Have you discussed you don't want to get Len [Mr Tricarico] in trouble for starting the fight?"

"No," Mr Raeside replied.

The Walker brothers and Mr Fitt each face charges including reckless conduct endangering life, recklessly causing serious injury in circumstances of gross violence, affray and intentionally causing injury.

The hearing continues.

with AAP

Most Viewed in National

Loading
Advertisement