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Trial hears more conflicting accounts of victim's fatal fall

A Flanagan's waitress told a manslaughter trial yesterday how her boss got "really mad'' before allegedly pushing a customer down stairs.

Englishman Kevin Pollock, a restaurant manager, denies pushing 51-year-old Craig McGavern to his death last July.

Texas University student Quayunte Spence, who works at Flanagan's during the summer holidays, said she saw Pollock and manager Dave Cromwell trying to get Mr. McGavern to leave.

She described the victim as "real stubborn'' in an argument with the two Flanagan's staff.

But Crown counsel Patrick Doherty said: "How was Kevin behaving?'' "He was getting really mad,'' said Miss Spence. "Really irritated... just his tone of voice and his facial expressions.'' She also said she heard Mr. Cromwell telling Pollock to "take it easy'' -- moments before watching Mr. McGavern tumble down the steps in the Emporium Building.

But defence counsel Mark Pettingill went on the attack during yesterday's hearing, accusing another witness of "arrant nonsense'' in his testimony.

Builder Corey Kowalchuk, who knew Mr. McGavern from work, said he saw Pollock push him down the stairs, forcing both hands into his back.

Bouncer Ron Davies told the court earlier that Pollock pushed Mr. McGavern in the chest.

And Mr. Pettingill, cross-examining Mr. Kowalchuk, said the witness could not have seen clearly from where he was standing, at Flanagan's bar.

He said: "It's a physical impossibility to see the landing from the window.

You didn't, did you? You didn't see him land on the landing?'' Mr. Kowalchuk said: "You could see some of his body ... you could see his feet.'' Mr. Pettingill also made the court sit and watch the clock for two minutes -- the time the witness said Mr. McGavern was standing at the top of the stairs before being pushed by Pollock.

"What happened during those two minutes?'' the lawyer asked. "Did the bar go quiet and did you all sit there transfixed at the glass?'' Mr. Kowalchuk admitted his attention may have been distracted in conversations.

And Mr. Pettingill questioned if the witness could actually see the push, saying: "I'm going to suggest to you that at some point, Mr. McGavern snatched his arm away from a bouncer and you saw Kevin Pollock react to that.'' Conflicting testimony mounts Mr. Kowalchuk said: "No.'' But the lawyer added: "Do you agree with me in that time you may have missed something?'' "I might have,'' said the witness.

Emergency ward nurse Jennifer MacIntosh told the court Mr. McGavern was "combative and uncooperative'' during his early treatment, when he was conscious.

And she said his medical records showed he had been through a "detox'' medicine programme for alcohol withdrawal.

Oasis security officer Delman Talbot, who looked after Mr. McGavern before the ambulance came, described the horror moment when the victim flew down the stairs.

"He hit his head on the steps,'' he said. "It appeared to me to be the third step up or the fourth step up. He cartwheeled over -- and hit his head again on the small landing.'' He said he tried to support Mr. McGavern's head and noticed a deep wound after feeling "a warm, wet sensation''.

The case continues on Monday.

Kevin Pollock (l), his wife and defence counsel Mark Pettingill on the opening day of trial.

COURTS CTS