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Flanagan's manager pushed man down stairs: witnesses

A construction worker died from massive head injuries after being barged down a flight of stairs by a restaurant manager, a court has heard.

On the opening day of evidence at the trial of Kevin Pollock, three separate witnesses claimed they saw the Flanagan's restaurant manager shove 51-year-old Craig McGavern down the stairs following a brawl outside the pub on the evening of July 17 last year.

Mr. McGavern, who had been employed as a construction worker on the National Stadium, died from his injuries 11 days later in the intensive care unit of the King Edward VII Memorial Hospital.

Pollock, 36, of West Crescent, Warwick, has pleaded not guilty to manslaughter. Opening the case for the prosecution yesterday, attorney Patrick Doherty told the jury: "The Crown isn't saying that Mr. Pollock intended to kill Mr. McGavern, the Crown is saying that Mr. Pollock did an unlawful act which resulted in the death of Mr. McGavern.

"The Crown says that Mr. Pollock propelled Mr. McGavern down a flight of stairs which caused him to strike his head.

"I expect you will hear that Mr. McGavern was intoxicated and that he was also obnoxious but you will also hear that a bouncer or bouncers had the situation under control. Mr. Pollock simply lost his cool and pushed Mr.

McGavern down the stairs.'' Mr. Doherty then called three witnesses, including the dead man's son, who claim they saw Pollock push Mr. McGavern down the flight of stairs outside the bar in the Emporium building.

Nick McGavern, who worked with his father at the National Stadium, said the pair had finished work at about 3.30 p.m. and gone on a drinking binge on Front Street.

They eventually arrived at Flanagan's shortly before 11 p.m. but were thrown out after Nick McGavern began vandalising a pay phone.

The pair split up but Nick McGavern then returned to the bar after realising that he had lost his sunglasses.

"I stayed at the bottom of the stairs because my dad was at the top of the stairs talking to some bouncers,'' Mr. McGavern said.

"He was just standing there with his arms crossed, occasionally making gestures. He didn't do anything threatening towards the bouncer.

"Then Kevin appeared. He made a quick turn and pushed my father down the stairs. He was definitely trying to push him, it definitely wasn't an accident -- he put a lot of force into it. He pushed him with both hands out in front.

"He flew down the stairs and landed on his head.'' Another witness, computer technician Hugh McPhee, explained how he was waiting for a friend outside the lower bar when he saw Pollock approach Mr. McGavin at the top of the stairs.

"All of a sudden he went down and nudged the guy with his shoulder as if in a rugby tackle. His arms didn't come up, it was his shoulders, and the man was hit in the lower back. It wasn't a light tap but it wasn't like someone running into him, it was fairly hard.

"The man lost his balance and sort of ran down the steps, landing face first.'' Shop supervisor Linda Patterson also said she saw Pollock push Mr. McGavern down the stairs.

"`He was facing Mr. Pollock and I think they were exchanging words,'' she said.

"He had turned to go back down the stairs and as he did he was pushed.'' The case continues today.