British backpacker acted in self-defence when he punched Australian rugby sevens captain

A young British backpacker has been cleared of flooring Australia’s former rugby sevens captain during an argument outside a kebab shop.

Sam Oliver, 23, claimed he acted in self-defence when he punched then-skipper and Olympian James Stannard, 35, in Coogee, Sydney in the early hours of March 30.

After a two-and-a-half day hearing in Downing Centre Local Court, magistrate Richard Funston on Wednesday found Oliver not guilty of recklessly causing grievous bodily harm.

Sam Oliver (pictured), 23, claimed he acted in self-defence when he punched James Stannard, 35, in Coogee, Sydney in the early hours of March 30

After a two-and-a-half day hearing in Downing Centre Local Court, magistrate Richard Funston on Wednesday found Oliver not guilty of recklessly causing grievous bodily harm (Pictured: James Stannard)

After a two-and-a-half day hearing in Downing Centre Local Court, magistrate Richard Funston on Wednesday found Oliver not guilty of recklessly causing grievous bodily harm (Pictured: James Stannard)

Mr Funston noted the ‘critical finding’ was that Oliver’s own facial injuries ‘must have occurred’ when he was arguing with Stannard and not when he fled and was tackled by Stannard’s teammates. 

It was not in dispute he punched the then-national skipper but Oliver testified on Tuesday it was ‘for self protection’ after Stannard allegedly threw the first blow into his left eye.

CCTV footage shows the pair separately leaving Coogee Bay Hotel after security staff evicted patrons at 3am.

Prosecutor Burton Ko argued ‘there was only one hit’ and Oliver’s injuries were sustained when he was tackled into a car by current captain Lewis Holland, who had been out with Stannard, as he tried to run from the scene.

The players were farewelling then-coach Andrew Friend, who helped to detain the alleged assailant.

Mr Oliver said he was ‘in good spirits’ and waiting for his housemate to get food from the kebab shop when Stannard – ‘a man I didn’t know’ – separated from his own group and approached.

The prosecutor asked: ‘What did he (Stannard) say?’

Oliver replied: ‘Here’s another Pommy c***.’

Mr Oliver said he was 'in good spirits' and waiting for his housemate to get food from the kebab shop when Stannard - 'a man I didn't know' - separated from his own group and approached

Mr Oliver said he was ‘in good spirits’ and waiting for his housemate to get food from the kebab shop when Stannard – ‘a man I didn’t know’ – separated from his own group and approached

‘I was just taken back. He wasn’t a friend or anyone I knew. I didn’t know how he knew I was Pommy,’ he said.

‘I remember I said something along the lines of ‘You’re all Pommies down the line’ just to give it a bit back.’ 

Oliver said Stannard was ‘getting aggressive, puffing his chest out’ before it escalated beyond name-calling. 

‘His whole body language changed and I was hit,’ he said, admitting he’d had eight to 10 pints when he ‘lashed out in retaliation’. 

‘I must have just instinctively tried to protect myself.’

Oliver said Stannard was 'getting aggressive, puffing his chest out' before it escalated beyond name-calling

Oliver said Stannard was ‘getting aggressive, puffing his chest out’ before it escalated beyond name-calling

Medical records referred to in court show Stannard was also intoxicated with a blood alcohol reading of 0.23.

The court was played video taken from a police body-worn camera on Constable Maria Gregory, who interviewed the British national shortly after the alleged Good Friday assault.

In the footage, Oliver says he got into an argument about ‘Pommies in general’ and ‘it got a bit nasty’.

‘He hit me before I hit him … look at my eye. I hit him back and then I ran away,’ the then-22-year-old says.

Mr Oliver, supported by his father in court, is on a working holiday visa until September 21.

Giving evidence, Stannard denied calling Mr Oliver a ‘Pommy c—‘ but agreed he refers to English people as ‘Poms’ on occasion.

Stannard said the last thing he remembered was the band at the Coogee Bay Hotel finishing as the pub closed for the night

Stannard said the last thing he remembered was the band at the Coogee Bay Hotel finishing as the pub closed for the night

Stannard said the last thing he remembered was the band at the Coogee Bay Hotel finishing as the pub closed for the night.

‘What was your next memory?’ Mr Ko asked.

‘In hospital,’ Stannard said. ‘I had an extremely sore head and I had blood coming out of my ear. I was quite anxious. I didn’t know what was going on.’

Stannard said he has ‘ongoing’ vertigo after the incident and had to go to follow-up medical appointments for his fractured skull.

Stannard missed the 2018 Commonwealth Games in April due to his head injuries and later retired.

Teammate Lewis Holland told the hearing on Monday he ‘heard a bone-crushing sound’ when his teammate was struck and fell.

‘I play rugby. When you hear a good solid tackle the energy just kind of stops,’ Holland said. ‘I heard that, then I looked up and saw James falling to the ground.’

Holland said he saw someone run off, and heard others in the crowd say ‘stop him’ or ‘grab him’ before he gave chase. Teammate Ben O’Donnell caught up to the man first, and when Holland arrived he tackled the man to the ground.

‘At the time I was injured so I was running pretty slow,’ Holland said. ‘I arrived and just made a tackle.’

Magistrate Richard Funston noted the 'critical finding' was that Oliver's own facial injuries 'must have occurred' when he was arguing with Stannard and not when he fled

Magistrate Richard Funston noted the ‘critical finding’ was that Oliver’s own facial injuries ‘must have occurred’ when he was arguing with Stannard and not when he fled

 

Read more at DailyMail.co.uk