Alley attack stays a blank

Stephen Byrne cannot remember trying to kiss a man who helped him up off the footpath early one Friday morning in March.

He cannot remember anything after finishing his shift at Auckland restaurant Cin Cinand heading to a bar downtown with a workmate.

He only knows he woke up in Auckland Hospital to find his family standing around his bedside, and that whatever happened that night put him in a coma.

Since then Mr Byrne has lost most of his sense of balance, suffers muscle spasms, short-term memory loss and is easily fatigued.

He spent several weeks in Auckland Hospital after neurosurgery and then transferred to Burwood Hospital in Christchurch for further rehabilitation.

The popular and successful waiter, who made about $150 in tips almost every night, has been unable to return to work.

In the High Court at Auckland yesterday, the trial began of two men accused of attempting to murder and causing grievous bodily harm to Mr Byrne.

The Crown says Andrew Andre Poki and Phillip James Taylor led a very intoxicated Mr Byrne into a "classic dark, dingy alleyway" where they violently beat him, robbed him of his wallet, cash and keys, and left him for dead.

A passerby found Mr Byrne in a secluded carpark ramp in Fort Lane soon after the attack. He was lying in a pool of blood and had serious head injuries.

The jury of seven women and five men is also being asked to decided if Poki and Taylor are guilty of the aggravated robbery of Mr Byrne, whose belonging were allegedly found at Poki's Papakura home.

In his opening statement, crown prosecutor Brian Dickey told the court that neither accused denied being at the scene of the attack, but they blamed each other for its severity, "in the way that brave men do."

Yesterday morning, Taylor pleaded guilty to being a party to the charge of causing grievous bodily harm, but Mr Dickey said that was not enough and that the jury should convict him of attempted murder.

He said witnesses would give evidence of Taylor boasting about the attack and how he demonstrated stomping on Mr Byrne.

Giving evidence yesterday, Mr Byrne said he could remember very little about the night and early morning of the attack.

Under cross-examination, Poki's counsel, Chris Comeskey, asked Mr Byrne if he would describe himself as outgoing after having a few drinks.

Mr Byrne agreed, but did not think another description of him by a witness of being "in your face" was accurate.

Mr Comeskey than asked if he remembered trying to kiss Poki, who had helped him off the footpath in Vulcan Lane.

"I don't think that would be normal behaviour," Mr Byrne replied, although he said he became more sociable after drinking.

When Taylor's counsel, Steve Cullen, quizzed Mr Byrne about his drinking habits, he said he could drink quite a bit but still be in control.

If he got to the stage of being excessively intoxicated he would "probably be home by then, away from everyone."

Mr Byrne then admitted to often drinking vodka in the later hours of his shift and then regularly having four bottles of lager.

Mr Cullen asked if Mr Byrne, who is gay, would make late-night trips around the inner-city when he was drunk "seeking companionship," to which Mr Byrne replied "I wouldn't think so."

The trial before the jury and Justice Colin Nicholson is expected to continue all week.