Witnesses deny `collaborating'
straight'' in the Flanagan's manslaughter trial yesterday.
Restaurant manager David Cromwell and bouncer Steven DeSilva denied colluding with defendant Kevin Pollock, accused of pushing a customer down the stairs.
Co-manager Pollock, 36, pleads not guilty to killing 51-year-old Craig McGavern last July.
And he claims he acted in self defence -- ducking under an oncoming punch and trying to grab hold of Mr. McGavern before the pair started tumbling down the stairs in the Emporium Building.
But the prosecution team, led by Crown Counsel Patrick Doherty, has suggested defence witnesses may have conspired to agree to their story after the incident.
Mr. DeSilva was seen making notes in the Flanagan's office -- with Pollock present -- moments after the fatal fall.
Defence lawyer Mark Pettingill asked him: "Did you get together with Kevin and maybe Dave Cromwell and (fellow bouncer) Mykel Davies and sit down and say: `OK, this is going to be our story'?'' "No sir, we didn't,'' Mr. DeSilva told the Supreme Court hearing yesterday.
"We were in shock. Emotionally, we were very drained. It had been a very tense situation.
"If someone gets injured, it's a very sad situation. That's how I look at it.'' He said he was noting down details of the incident in the manager's book, according to Flanagan's policy.
And Mr. Pettingill asked Mr. Cromwell: "Did you feel it necessary to get together afterwards with Mr. Pollock and Mr. DeSilva in order to get your story straight?'' "No,'' said Mr. Cromwell.
Mr. Pettingill said: "Was it a case of Kevin saying: `Oh man, for no reason I have pushed this man down the stairs. We had better come up with a story'?'' "No,'' Mr. Cromwell added.
The manager said his own adrenalin had been pumping after Mr. McGavern and his son Nick had already been escorted out of the pub.
And he said "everybody froze'' when the older man was seen cartwheeling down the stairs -- before the chef called 911 and Mr. Cromwell asked Police to control Nick, who was "freaking out''.
Under cross-examination by Mr. Doherty, Mr. Cromwell said he was defending himself when he punched Nick McGavern, who had been vandalising a payphone.
He also said he was "befuddled'' when he made a Police statement -- forgetting to include that Craig McGavern had told him: "You're f***ing dead.'' But he insisted he had not seen anyone push the man down the stairs.
Mr. DeSilva, who said he was upset to be reliving the experience, testified that Mr. McGavern threw a punch at Pollock after pulling away from bouncer Mykel Davies at the top of the stairs.
He said Pollock simply tried to "snatch him'', before Mr. McGavern fell backwards with nothing to step on.
But under cross-examination, he said he had not heard Mr. McGavern making any threats to Pollock as he was being escorted from Flanagan's for a second time.
And he said the man fell down the stairs "in the ensuing collision''.
But Mr. Doherty pointed out that Mr. DeSilva had not mentioned Mr. McGavern's punch in his own Police statement.
The prosecution lawyer said: "I'm going to suggest to you sir that what you told the jury today isn't accurate...'' "No,'' said Mr. DeSilva, adding: "I just couldn't put it into words at that point, I guess.'' The case continues.
COURTS CTS
