Manslaughter defendant Kevin Pollock tried to "change his story'' to fit with another witness, a court heard yesterday.

Crown Counsel Patrick Doherty claimed the 36-year-old Englishman was trying to make his version of events "fit in'' with prosecution witness Ron Mykel Davies.

Pollock, of Homestead Lane, Southampton, is accused of pushing 51-year-old Craig McGavern to his death last July.

Pollock, a restaurant manager at Flanagan's, is accused of becoming irritated with Mr. McGavern and his son Nick, who had already been escorted out of the bar.

He denies manslaughter. But Police claim Pollock pushed Mr. McGavern down stairs in the Emporium Building as the victim was being ushered out by bouncers.

And Mr. Doherty, leading the prosecution's case, pointed to another inconsistent Police statement given by Pollock yesterday.

He said the accused told officers Mr. McGavern stepped towards him in a confrontation at the top of the stairs.

But Pollock told his Supreme Court trial yesterday it was Mr. McGavern's momentum that carried him forward, as he aimed a punch.

Bouncer Mr. Davies had already told the court Mr. McGavern had wriggled free from his grip with one arm.

But Mr. Doherty said Pollock told Police in his original statement that Mr.

McGavern clenched both his fists -- not just one.

The lawyer, cross-examining the defendant, said: "Are you not, by your evidence yesterday and today, trying to make it fit in with what Mykel Davies said? "Instead of two arms, it's one coming towards you...aren't you now trying to change your story so it will fit in with what Mykel Davies testified to?'' Pollock denied he was changing his story.

But Mr. Doherty also asked why both he and bouncer Steven DeSilva were making notes in the Flanagan's office shortly after the incident.

Mr. Doherty asked: "Do you remember Mr. DeSilva in there writing something out?'' "Yes,' said Pollock. "He was in the office.'' Mr. Doherty added: "He was writing down what happened just previously.'' "I can't remember,'' said Pollock.

The prosecution lawyer said: "You went into that office and wrote down what happened, did you not sir?'' "Yes I did,'' said Pollock, adding that he was following Flanagan's policy by noting down serious incidents.

Mr. Doherty added: "Is it just me or is your memory getting worse the more I question you?'' "It's not getting worse,'' said Pollock. "I would say how I was feeling that night, after what happened, I was probably still confused and shocked about what happened prior to going in the office.'' He also said he could not remember discussing the incident with Mr. DeSilva.

And he described his attempt to grab Mr. McGavern -- clashing with him by stooping under an oncoming punch -- as an "automatic reaction''.

Mr. Doherty said: "You must have hit him with some force to cause him to change direction and flip over as he went down the stairs.'' "I don't know whether he flipped over when he went down the stairs,'' said Pollock.

"You keep saying I hit him. We clashed. I didn't hit him.'' Mr. Doherty added: "He went backwards, you went forwards, both down the stairs.'' "Yes,'' said Pollock, who said someone broke his own fall allowing him to grab a railing.

"You cannot assist us with the degree of force you used?'' Mr. Doherty asked.

"No I cannot,'' said Pollock.

Defence lawyer Mark Pettingill, re-examining his client, asked: "Did you feel an immediate threat to your person?'' "Yes,'' said Pollock, adding that he felt "scared'' while making 25 pages of statements to the Police.

Mr. Pettingill added: "At one point you broke down and cried during this, didn't you?'' "Yes,'' said Pollock.

Fellow Flanagan's restaurant manager David Cromwell said Pollock "handled himself professionally'' throughout the incident.

Mr. Cromwell told the court he was threatened and verbally abused by both Craig and Nick McGavern, who had been vandalising a payphone.

The case continues.

COURTS CTS