Worker who choked man to death a 'parasite', says uncle

Stephen Fernyhough. Photo / Otago Daily Times

The demolition worker who choked a Dunedin man to death in a bar toilet was a "parasite" who showed no remorse in court yesterday, a grieving uncle says.

Stephen Anthony Fernyhough, 26, snapped at the victim's supporters as he was sentenced in the High Court at Dunedin to five years in prison for the manslaughter of Ryan Court, 35, in the Craft Bar on April 27.

Details of Mr Court's death prompted gasps and several outbursts from a packed and tense public gallery, with Fernyhough, flanked by two guards, responding "f...wits".

"Shut up, you weren't there."

Earlier, the court heard how Fernyhough, who had 76 previous convictions over a nine-year period, used a choker hold on Mr Court for between 20 and 40 seconds, following a disagreement in the men's toilet.

"Don't mess with the wee man," Fernyhough said as he left the unconscious man and fled the scene with his associates.

He was later arrested by police following an altercation outside another central city bar.

Terry Kerr, an uncle of Mr Court, told the Otago Daily Times his nephew's death had devastated the family, and the sentencing was just another blow.

"I believe he is a parasite and a blight on society ... I am appalled by the sentence, but I am not surprised."

Justice David Gendall sentenced Fernyhough to five years in prison, taking time off for his early guilty plea, his remorse, a letter of apology he had written to the Court family, and an offer of restorative justice.

"He was always going to be convicted of manslaughter, so to get a discount for pleading to the obvious ... It is a joke," Mr Kerr said.

The family had also never seen a letter of apology, nor saw any sign of Fernyhough's remorse.

"I would have expected if you had remorse you wouldn't respond to people in the gallery.

"If you had any ethical standards you would wear it, because you did it."

Fernyhough could be free within two years.

Mr Kerr had a message for Fernyhough, who would be released from prison at a younger age than Mr Court was at the time of his death.

"Man up and accept responsibility. Acknowledge your actions were cowardly and utterly unnecessary.

"Your so-called remorse is vacuous."

The Court family lost another son five years ago, and Mr Court had returned to Dunedin from his job in Australia to spend more time his family.

He was a hard-working man who had a great sense of humour, and was passionate about the racing industry, he said.

The family expressed their thanks to Detective Sergeant Rob Hanna, of the Dunedin CIB, and Crown solicitor Robin Bates for their work.