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QBH killing: man jailed over fatal king-hit
  

Andrea Petrie
The Age
May 26, 2010 - 2:21PM
  

A man described as the main instigator in the death of Matthew McEvoy, who died after being unexpectedly punched and kicked at the QBH nightclub two years ago, has been sentenced to eight years’ jail for manslaughter.

Andriyas Tello, 22, pleaded guilty in the Victorian Supreme Court to one count of manslaughter after he king-hit Mr McEvoy twice during the early hours of September 7, 2008.

In sentencing, Justice Paul Coughlan said Tello had gone to the hotel with friends to celebrate his 21st birthday, where an alcohol-affected Mr McEvoy had gone to meet his cousin.

Mr McEvoy, 24, approached one of Tello’s co-accused, Michael O’Brien, in an attempt to buy some ecstasy, the court heard.

An argument ensued, but the pair were separated by Mr McEvoy’s cousin, they shook hands and hugged before they parted company.

Tello and another co-accused, Ivan Issa, went to the hotel’s outdoor smoking area and were soon joined by O’Brien and another co-accused, Lauren Sako.

Mr McEvoy, his cousin and friends were in the same area but a reasonable distance away when Tello and his three co-accused approach their group and he struck Mr McEvoy to the right side of his head with a clenched fist.

‘‘At the time that Mr McEvoy was first struck by you, it does not appear that he in any way perceived that he was about to be attacked, or that he even saw you coming towards him,’’ Justice Coughlan said.

He added that as a bouncer tried to keep two co-accused at bay, Tello ‘‘came around him and against struck Mr McEvoy a very forceful blow with your clenched fist to the side of his head, towards the rear".

‘‘Mr McEvoy was not attempting to defend himself and again appears to have been taken unawares,’’ Justice Coughlan said.

‘‘He fell to the ground from the force of the blow... Sako then kicked him with some force to the head using his right foot.’’

Mr McEvoy was knocked unconscious during the incident before his parents were forced to switch off his life support machine the following day.

Justice Coughlan said the incident took place within 12 seconds, adding ‘‘it is not possible to say whether it was either or both blows delivered by you or whether it was the kick from Sako which caused the death’’.

He described Tello as ‘‘the instigator of the violence’’ but accepted that he was “generally remorseful and are likewise genuinely concerned regarding the shame you have brought upon your family”.

He acknowledged that Tello was not typically an aggressive man but had conflict and anger management issues and also suffered from depression, which was largely the result of being brought up in Iraq before fleeing during the Gulf War.

His uncle was tortured to death by Saddam Hussein’s regime and he had a traumatic and displaced childhood.

Justice Coughlan said “the absolute tragedy that marks these events comes about as a result of the unfortunate death of Matthew McEvoy. The fact that his death was sudden and entirely pointless only makes the suffering of those close to him more intense."

He said he had released security footage of the incident to show ‘‘how simple it can be for events such as these to occur, and how they can lead to unintended but nonetheless appalling
consequences’’.

‘‘The actual physical violence in this case involved two punches and a kick,’’ he said.

Tello shook his head and looked down at his clenched hands in disbelief as the sentence was read out this morning.

Sako was earlier sentenced to six years at a youth justice centre with a non-parole period of three years after pleading guilty to manslaughter, while Issa and O’Brien pleaded guilty to affray and were both convicted and released on a community based order for two years.

Mr McEvoy’s parents Peter and Mairead, and his brother John, released a statement following today’s sentence, during which they said such violence was not acceptable in the community.

‘‘We as a community should be able to socialise, day or night without the fear of violence,’’ the statement said.

‘‘We do not wish at this time to comment on the sentences imposed as no sentence will ever bring back Matthew, except to say that penalties need to and should reflect the community’s abhorrence of violence against others, and the need to make everybody fully accountable for their actions.

‘‘We ask young people to think about the consequences of their actions, no matter how minor they may seem at the time.’’

They called for young people to be educated about respecting themselves and others and to take personal responsibility for their own behaviour and the behaviour of their friends.

‘‘Perhaps this would save other families from going through the distress we have experienced,’’ they said.

‘‘We still find it difficult to understand the senseless attack on Matthew. His death has caused us untold grief, with no end in sight.’’

They described Mr McEvoy as a ‘‘wonderful, loving son and brother’’ who was ‘‘generous and thoughtful’’.

His donated organs were donated to eight people, they said.

‘‘Finally, we hope Matthew’s death, under such terrible circumstances, may cause people to reflect on their attitudes and roles in creating a more peaceful, tolerant, especially tolerant, and loving community."

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