Tag: defense barrister

NRL rising star Manase Fainu did not start a bloody brawl in a church parking lot but he “ended it” when he plunged a steak knife into the back of a youth leader, a court has been told.

Mr Fainu, 24, is fighting allegations that he stabbed Faamanu Levi in ​​the back during a brawl outside a Mormon church dance nearly three years ago.

The Manly Sea Eagles hooker has pleaded not guilty to wounding a person with intent to cause grievous bodily harm after Mr Levi was stabbed in the back near his shoulder blade and cut above his right eye.

Mr Fainu’s trial has entered its final stages, with Crown prosecutor Emma Curran using closing submissions on Tuesday to point to the evidence of one eyewitness who told the court that he had seen Mr Fainu stab Mr Levi.

Mr Fainu during his evidence said he played no part in the brawl, which took place between two parked cars in a parking lot at the Church of Jesus Christ of Latter-day Saints at Wattle Grove in Sydney’s southwest.

During his evidence on Monday, Mr Fainu said he was approximately 10 to 12m from the fight between his friends and another group of men when he heard someone yell “knife, knife”.

He had undergone shoulder surgery a month earlier and on October 25, 2019, he had his left arm in a sling.

Tony Quach said he saw Mr Fainu stab his friend Mr Levi and was able to identify him by his sling.

During his evidence, Mr Quach said Mr Fainu had not started the fight but “he ended it” by stabbing Mr Levi.

“Manase Fainu jumped over a fence into the grounds of the church, he was with four of his friends and the group of them approached Mr Levi and his friends,” Ms Curran said.

“A brawl broke out and when things looked like they were getting out of hand, Mr Fainu pulled out a knife and plunged it into the back of Mr Levi, causing a wound that punctured his lung and caused internal bleeding.”

Mr Quach said he saw Mr Fainu with an angry look on his face and a knife in his right hand and his arm bent at a 90-degree angle.

It is not an issue that Mr Fainu was in the car park, his left arm was in a sling, and there was a brawl during which Mr Levi was stabbed before Mr Fainu scaled the wall once again and ran to his car.

However, the identity of Mr Levi’s attacker is in dispute.

Ms Curran said another man, Kupi Toilalo, said he saw a man approach him and his friends with his left arm in a sling holding a knife.

“When Kupi saw this, he was at arm’s length away from the person holding the knife, nothing obstructing his view,” Ms Curran said

Mr Fainu told the jury on Monday that he was “scared” because he knew he could not defend himself if he became involved in the fight.

He denied brandishing a 10cm steak knife that was used to stab Mr Levi, saying he did not see any of his friends with a weapon on the night.

Mr Levi underwent surgery after the stab wound punctured his lung and caused internal bleeding.

Mr Fainu said he went to the church because his friend Uona “Big Buck” Faingaa was seeking to recover money owed to him by a man.

The court was told that before the brawl, two of Mr Fainu’s friends were involved in an altercation on the dance floor and were asked to leave.

Mr Fainu said he left the church grounds as his mates were being escorted out, apologizing to a security guard on the way out.

CCTV footage showed Mr Fainu and four of his friends shortly afterwards jumping a fence from a Coles carpark back onto the church grounds.

Mr Fainu testified that he had told his friends that he would go inside to collect Mr Faingaa’s money by himself; however, they followed him over.

Defense barrister Margaret Cunneen SC said Mr Fainu had been identified as being present during the brawl because of the distinguishing nature of his sling, but all of the eyewitnesses were mistaken about him being the stabber.

“Mr Manase Fainu is a man who was never before in trouble for any violence whatsoever,” Ms Cunneen said.

“He did not stab Mr Levi. No one condom what happened to Mr Levi, it’s appalling.”

The jury will withdraw to consider its verdict after Ms Cunneen’s closing submissions.

The trial before Judge Nanette Williams continues.

Mr Fainu, 24, is fighting allegations that he stabbed Faamanu Levi in ​​the back during a brawl outside a Mormon church dance nearly three years ago.

The Manly Sea Eagles hooker has pleaded not guilty to wounding a person with intent to cause grievous bodily harm after Mr Levi was stabbed in the back near his shoulder blade and cut above his right eye.

Mr Fainu’s trial has entered its final stages, with Crown prosecutor Emma Curran using closing submissions on Tuesday to point to the evidence of one eyewitness who told the court that he had seen Mr Fainu stab Mr Levi.

Mr Fainu during his evidence said he played no part in the brawl, which took place between two parked cars in a parking lot at the Church of Jesus Christ of Latter-day Saints at Wattle Grove in Sydney’s southwest.

During his evidence on Monday, Mr Fainu said he was approximately 10 to 12m from the fight between his friends and another group of men when he heard someone yell “knife, knife”.

He had undergone shoulder surgery a month earlier and on October 25, 2019, he had his left arm in a sling.

Tony Quach said he saw Mr Fainu stab his friend Mr Levi and was able to identify him by his sling.

During his evidence, Mr Quach said Mr Fainu had not started the fight but “he ended it” by stabbing Mr Levi.

“Manase Fainu jumped over a fence into the grounds of the church, he was with four of his friends and the group of them approached Mr Levi and his friends,” Ms Curran said.

“A brawl broke out and when things looked like they were getting out of hand, Mr Fainu pulled out a knife and plunged it into the back of Mr Levi, causing a wound that punctured his lung and caused internal bleeding.”

Mr Quach said he saw Mr Fainu with an angry look on his face and a knife in his right hand and his arm bent at a 90-degree angle.

It is not an issue that Mr Fainu was in the car park, his left arm was in a sling, and there was a brawl during which Mr Levi was stabbed before Mr Fainu scaled the wall once again and ran to his car.

However, the identity of Mr Levi’s attacker is in dispute.

Ms Curran said another man, Kupi Toilalo, said he saw a man approach him and his friends with his left arm in a sling holding a knife.

“When Kupi saw this, he was at arm’s length away from the person holding the knife, nothing obstructing his view,” Ms Curran said

Mr Fainu told the jury on Monday that he was “scared” because he knew he could not defend himself if he became involved in the fight.

He denied brandishing a 10cm steak knife that was used to stab Mr Levi, saying he did not see any of his friends with a weapon on the night.

Mr Levi underwent surgery after the stab wound punctured his lung and caused internal bleeding.

Mr Fainu said he went to the church because his friend Uona “Big Buck” Faingaa was seeking to recover money owed to him by a man.

The court was told that before the brawl, two of Mr Fainu’s friends were involved in an altercation on the dance floor and were asked to leave.

Mr Fainu said he left the church grounds as his mates were being escorted out, apologizing to a security guard on the way out.

CCTV footage showed Mr Fainu and four of his friends shortly afterwards jumping a fence from a Coles carpark back onto the church grounds.

Mr Fainu testified that he had told his friends that he would go inside to collect Mr Faingaa’s money by himself; however, they followed him over.

Defense barrister Margaret Cunneen SC said Mr Fainu had been identified as being present during the brawl because of the distinguishing nature of his sling, but all of the eyewitnesses were mistaken about him being the stabber.

“Mr Manase Fainu is a man who was never before in trouble for any violence whatsoever,” Ms Cunneen said.

“He did not stab Mr Levi. No one condom what happened to Mr Levi, it’s appalling.”

The jury will withdraw to consider its verdict after Ms Cunneen’s closing submissions.

The trial before Judge Nanette Williams continues.