Man cleared over Coast nightclub death
A "DRUNK and "aggressive" Wayne Dover "punched" one of his alleged killers "twice" on the night he died, Brisbane Supreme Court heard on Tuesday.
Mr Dover died shortly after three men allegedly bashed him on November 30, 2013, outside the Factory nightclub in Maroochydore.
Wade Leigh Goldsworthy, 30, and Matthew John Hill, 30, are charged with manslaughter over Mr Dover's death.
Justice Martin Burns cleared Wade's brother, Blake Nathan Goldsworthy, 27, of the same charge on Monday afternoon, declaring he had "no case to answer".
"There was only one example of unnecessary violence on that night and it came from Mr Dover," barrister Simon Lewis , who is defending Wade Goldsworthy, told the jury.
Mr Lewis said Mr Dover's "unprovoked assault" on Wade Goldsworthy was so bad that his client could also have died that night.
"One instant and he goes backwards and hits his head - who knows what happens," Mr Lewis told the jury.
"We've got a dead Goldsworthy.
"Even if somehow you reach the conclusion that Wade threw a punch - where's he got to go?
"He's being attacked by a six-foot-five, 115kg man.
"He's got his back towards a ... shop.
"He's backpedalling from an assault by a very big drunk man."
Mr Lewis said CCTV footage showed Wade did not make an "aggressive move".
Mr Lewis said Mr Hill was the only person involved in the attack on Mr Dover, but he was most likely defending Wade.
Mr Hill's barrister Kila Pedder told the jury on Tuesday morning that there was little evidence proving his client killed Mr Dover.
Mr Pedder said although it was alleged his client "kicked" the victim, there was no blood or any other DNA evidence on Mr Hill's shoes.
Both Mr Pedder and Mr Lewis also on Tuesday questioned the validity of statements by witnesses Joanna Main and Bianca Evangelista.
Mr Dover was 45 years old when he died.
The Sunshine Coast businessman was deeply involved in the region's AFL community. - ARM NEWSDESK