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Defendant says he acted in self defence

defence when the man threw a punch at him, a court heard yesterday.Manslaughter accused Kevin Pollock denies pushing 51-year-old Craig McGavern down stairs in the Emporium Building last July.

defence when the man threw a punch at him, a court heard yesterday.

Manslaughter accused Kevin Pollock denies pushing 51-year-old Craig McGavern down stairs in the Emporium Building last July.

The 36-year-old Flanagan's manager took the stand in his Supreme Court trial for the first time yesterday. And he insisted he did not push the victim -- claiming he stooped to grab him and avoid an oncoming punch.

But Englishman Pollock, of Homestead Lane, Southampton, also said he could not be sure if his contact with the unruly customer caused him to fall to his death. Crown counsel Patrick Doherty told the defendant: "You drove him off his feet.'' Pollock said: "I couldn't say whether I did or I didn't. I don't know what caused him to lose his balance...It might have been my body movement that made him fall backwards. It might not.'' Mr. Doherty questioned why Pollock did not back away, side step or call in the bouncers when he saw McGavern throw the punch.

He added: "You chose the most lethal option you could have.'' "No,'' said Pollock. "I could have kicked him. I could have punched him myself. I tried to grab hold of him.'' Mr. Doherty added: "You're saying it's possible you could do the same thing again?'' "I couldn't say until it happened,'' said Pollock. The accused told the court the punch came at him in a split second, giving him no time to react. But the prosecution lawyer said Mr. McGavern was drunk, dulling his reaction time and hampering his co-ordination.

Mr. Doherty added: "It was your contact with him that made him fall backwards.'' "We lost our footing and yes it could have been my contact,'' said Pollock.

Mr. Doherty also pointed to three inconsistent statements made by Pollock during two Police interviews -- one on July 22 and one on July 29, a day after Mr. McGavern died from his injuries. Pollock's statements said he actually managed to grab hold of Mr. McGavern, who clenched both his fists and moved towards the Flanagan's manager.

But the defendant said yesterday he was only trying to grab the man, clashing with him as the pair moved towards each other.

He also said he only remembered one clenched fist, aimed towards him in a punch.

Pollock, being questioned by his lawyer Mark Pettingill, said: "He takes a slug at me. I think it caught everybody by surprise.

"I saw a hand coming at me, clenched. I kind of stopped a little bit and tried to grab him.'' Mr. Pettingill asked: "Can you say where you made contact with him?'' "It could have been the arms, part of the chest or the shoulder and chest,'' said Pollock. "Because we collided.'' The defendant said he was in shock when he saw Mr. McGavern lying on the landing, adding that he grabbed a railing to break his own fall down the stairs.

Mr. Pettingill added: "What can you realistically say you could have done differently that night?'' "Not worked,'' said Mr. Pollock. "No-one thought he was going to throw a punch until he did.

"As it was directed at me, I just reacted quicker than everybody else.'' He also said Mr. McGavern was only moving towards the stairs reluctantly after arguing with bouncers.

"He was walking and stopping and turning,'' said Pollock. "Staring. He was leaving but it was stop, go, stare.'' Pollock said he also regretted allowing Mr. McGavern back onto the Flanagan's balcony -- after he had been escorted out -- to look for sunglasses.

The shades were said to have been lost when the victim's son Nick brawled with a bouncer earlier on.

Yesterday's proceedings began when Mr. Doherty called the last Crown witness, Ben Fairn, who said he saw Pollock push Mr. McGavern down the stairs.

The case continues today.

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