Bouncer's manslaughter conviction void
A man jailed for killing a fellow
drinker during a scuffle outside a nightclub has had his
Philip Gerard Smith, 23, was
convicted in the Townsville Supreme Court in June of
unlawfully killing Brett Matthew Leake outside
Townsville's The Bank nightclub on May 20, 2005.
A retrial has been ordered.
It was alleged Smith - an off-duty
security guard at The Bank - had become involved in an
argument with Mr Leake.
It was alleged Smith had punched Mr
Leake in the head and knocked him to the ground.
Medical evidence given during the
trial showed an unconscious Mr Leake was taken to hospital
with a fractured skull and internal bleeding on the brain.
Doctors performed a craniotomy to
relieve pressure, however, Mr Leake was declared brain
He died shortly after his life
support systems were withdrawn.
Smith was found guilty of
manslaughter and was sentenced to six years jail.
Smith contested his conviction in
the Brisbane Court of Appeal in November, arguing the
prosecutor's closing address during the trial was
inflammatory and would have unduly influenced the jury.
The Court of Appeal judges on
Wednesday upheld Smith's appeal, saying the prosecutor had
incorrectly suggested that other security guards at the
nightclub had conspired to cover up the alleged attack.
The Court of Appeal judges also
ruled the judge "did nothing to pour water on the wildfire
ignited by the prosecutor".
Smith's conviction was set aside and
a retrial was ordered.