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Sunday, August 29, 2010

Nightclub fun ends in death

Punches caused nightclub death: court Melissa Iaria May 17, 2010 AAP

It was meant to be a night of fun. But in just 16 seconds, Adriyas Tello delivered two punches that led to Matthew McEvoy's death and him being charged with the 24-year-old's manslaughter.

Tello was celebrating his 21st birthday at Melbourne's QBH nightclub when he instigated the affray on September 7, 2008.

During the incident, captured on security footage, Tello punched Mr McEvoy twice, and his friends joined in, before one of them kicked Mr McEvoy in the head while he was on the ground.
Mr McEvoy was knocked unconscious, placed on life support and died the next night in hospital.
Tello, 22, who has pleaded guilty to Mr McEvoy's manslaughter, admitted to police he was "angry" and a "bit tipsy" when he punched him, saying he feared he would hurt his cousin.
Victorian Supreme Court Justice Paul Coghlan said the case showed how quickly tragedy could happen.

"They demonstrate how easily one very good young man can be killed out of a few moments of stupidity," he said.

Emotional victim impact statements were read during the pre-sentence hearing.

Mr McEvoy's father Peter McEvoy said he got a phone call on Father's Day to say his son was on life support.

"Seeing our beautiful big strong son lying on a bed with so many wires and tubes coming from his head was so traumatic and unbelievable it still haunts me to this day," he wrote.

He described being "shattered, hurt, bitter, angry and totally devastated".

"No one can tell me why my son, Matthew, was punched and kicked to death. I cry because I still expect Matthew to walk in from work every evening and then realise he is not coming home."

Mr McEvoy's mother said she was numb and heartbroken.

"There isn't a day goes by that I don't shed tears, not a minute goes by when I don't think of Matthew," Mariead McEvoy said.

"I have a constant lump in my throat.

"A night that was meant to be fun has ruined us all."

Mr McEvoy made no effort to defend himself during the unprovoked attacks, crown prosecutor Gary Hevey said.

He said there had been an earlier verbal argument between Mr McEvoy and one of Tello's friends before the fatal assault, but it ended peacefully.

Mr McEvoy's death was caused by the punches to his head or the kick he received from Ivan Issa while on the ground.

Tello's lawyer Bill Stuart said his client was deeply ashamed, regretful and devastated by the events.

Asking that he receive a lower-than-usual minimum term, Mr Stuart said Tello had pleaded guilty at an early stage.

He said the Iraq-born Tello was one of eight children and had a disadvantaged upbringing.
His family fled the Gulf war and lived abroad, living "hand to mouth" before arriving in Australia in 1998 with no English.

Tello's co-accused, Lauren Sako, who kicked Mr McEvoy in the assault, was jailed for a minimum of three years after pleading guilty to manslaughter.

Ivan Issa and Michael O'Brien each pleaded guilty to affray and received community-based orders.

Tello, of Roxburgh Park, was remanded in custody for sentencing on May 26.

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