The cousin of a man who died in a Wagga pub fight has spoken of the moment he witnessed his relative allegedly being “king-hit” and falling to the ground.
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Brothers Malcolm Mathers and Warren Mathers are currently facing trial in Wagga’s District Court over an alleged incident at the Ashmont Inn in December 2016 that resulted in the death of Terry Wickey.
The deceased’s cousin, Leon Wickey, who the prosecutor described as the only person who saw the event take place, gave an emotional statement to the court on Tuesday afternoon.
“Malcolm ran over and just hit him – just king-hit him,” Mr Wickey said.
When asked by the prosecutor why he waited two days to make his statement to the police, Mr Wickey said the Mathers brothers had threatened to kill him if he said anything.
“I was in shock, I was traumatised, I was thinking bad thoughts, suicidal, I was scared because of what they said,” he said.
The prosecutor also called Deanne Horder and Melissa Anesbury as witnesses, who were the partners of Warren and Malcolm respectively.
Both women were at the pub at the time of the incident, but said they did not see Terry Wickey fall to the ground.
Both brothers have been charged with affray, and Malcolm Mathers has also been charged with unlawful assault causing death while intoxicated.
When asked how they wanted to plea, both brothers pleaded not guilty to all charges.
However, in an opening statement tendered to the court, the crown prosecutor drew on contrary evidence given by Malcolm at Wagga Police Station just hours after the incident.
“I was involved in that assault at Ashmont. I’ve just heard the lad has died. I’ve come to hand myself in,” the prosecutor alleged Malcolm said when he arrived at the police station.
“I did it mate, it was me, oh my god.”
The lawyers representing the Mathers brothers suggested they would explore the possibility that Malcolm was acting in self-defence over the coming days of the trial.
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