Bouncers accused of manslaughter acted responsibly, court told

Two bouncers accused of the manslaughter of a man who died after being restrained outside a Blenheim bar acted responsibly and were protecting other patrons, a court was told today.

James Stuart Neal and Malaki Christopher Mulitalo are charged with the manslaughter of Cedric Joyce, 36, who died outside the Copper Bock bar and cafe in the early hours of July 24 last year.

Both men pleaded not guilty to the charge on day one of their trial in the High Court at Wellington today.

Neal also pleaded not guilty to charges of assault and assault with intent to injure.

The Crown allege the men failed to provide Mr Joyce with the necessaries of life, by not allowing him to breath while they detained him.

In opening the crown case, Janine Bonifant said Mr Joyce went to the bar with his brother and friends after a family party.

An intoxicated Mr Joyce was warned about his aggressive behaviour and escorted out of the bar by Mulitalo. He later got frustrated and tried several times to rejoin his friends inside.

After repeatedly being refused entry an altercation broke out and Mr Joyce was restrained on the ground, which the Crown says caused his death.

It also alleges Neal, after being punched in the jaw by Mr Joyce, punched him three or four times, and later stomped his head into the pavement.

The Crown say Mr Joyce's brother and friends appealed for the men to release Mr Joyce after noticing his fingers turning blue.

Eventually a friend checked his condition.

"He checked for a pulse and he couldn't find one," Ms Bonifant said.

Police and ambulance staff arrived soon after but attempts to resuscitate Mr Joyce failed.

Ms Bonifant said the post mortem showed a high likelihood the main cause of death was "restraint asphyxia".

Neal's lawyer Mike Hardy-Jones said his client was trained in hospitality, had good common sense, communication skills and a gentle disposition.

He was attacked by Mr Joyce, prompting colleagues and a member of the public to come to his aid.

Once on the ground Neal got off Mr Joyce, stood next to him and put a foot on his shoulder -- not applying any pressure -- while continuing to monitor the crowd. He called police on a patron's cellphone.

They could not sit Mr Joyce up as he continued to fight on the ground, but as soon as his breathing difficulties were noticed he was released, Mr Hardy-Jones said.

"Jamie Neal did no more than we would expect of him in that role, protecting other patrons of the bar."

He said Neal reacted responsibly, and as he was trained to do.

Mulitalo's lawyer Mike Turner said his client, who has 15 years' security experience, turned Mr Joyce over immediately he was notified of his trouble breathing.

Mulitalo had been inside for much of the altercation and was unaware what was happening outside, though he did assist in restraining Mr Joyce.

He too had phoned police and various witnesses expressed concern at their delay in arriving.

One significant witness would be an off-duty on-call police officer who was at the bar, observed what happened and saw no need to intervene or call colleagues.

He said many of the other witnesses giving evidence in the case had been affected by alcohol and or party pills.

A jury of nine women and three men were selected for the trial, which is expected to last up to three weeks.

- NZPA