Teen in court over fatal NYE bashing

David Cassai's sister, Elisa, mother Caterina and an unidentified man outside Melbourne Magistrates' Court. Picture: Stuart Walmsley Source: Herald Sun

THE teenager accused of fatally bashing 22-year-old David Cassai on New Year's Eve appeared in a courtroom packed full of his alleged victim?s family and friends today.

About 30 friends and family of Mr Cassai - including his mother and two sisters - filled the courtroom, some of them staring at Dylan John Closter and two co-accused as they entered the room.

Mr Closter, 18, charged with manslaughter and affray over the death of the young Templestowe man, previously claimed he was attacked first.

Tyrone Russell, 21, and Thomas McCluskey, 25, were also charged over the fight at Rye, but not in relation to Mr Cassai's death.

Melbourne Magistrates' Court heard today there was strong evidence, including CCTV footage of Mr Closter’s group approaching Mr Cassai’s group, suggesting the accused men and their friends were the aggressors.

David Cassai.

Prosecutor Luke Exell said a committal hearing, where the strength of the prosecution evidence is tested, should be set down as early as possible on public policy grounds and because of concerns for Mr Cassai’s family.

Deputy Chief Magistrate Dan Muling chose the earliest available date, August 5, and said Mr Closter’s barrister could either make himself available or get his client new representation.

“This is a matter of great significance to many people who have been affected by this incident,” he said.

So far, 18 witnesses will be called to be cross-examined during the committal hearing, which is expected to take three weeks.

Dylan John Closter,18, outside Melbourne Magistrates' Court. Picture: Stuart Walmsley

Mr Muling said he would allow a witness to be cross-examined about which of the two groups started the fight.

Mr Exell said there was no use examining the man because he had said he cannot clearly see long distances and could not identify which group was which.

Four of Mr Cassai’s friends, who will be called as prosecution witnesses, were asked to leave court so they did not hear details of the evidence.

Throughout the mention, Mr Closter - a third-year apprentice plumber from Launching Place – kept his head down.

Thomas McCluskey, 25, outside Melbourne Magistrates' Court. Picture: Stuart Walmsley

The court previously heard CCTV footage showed friends of Mr Closter tried to restrain him moments before he fatally punched Mr Cassai.

Homicide squad Det-Sgt Sol Solomon said in January the footage showed Mr Closter falling and getting up from the ground, but did not show him being punched and kicked while on the ground, as he told police.

Mr Closter said he had had a few swigs of Galliano before the incident, but denied that he walked away from the unconscious man laughing and said, "That's what we're here for," the court heard.

Det-Sgt Solomon told the court it was unknown what sparked the argument between two groups of young men about 1am on December 31 on Point Nepean Rd.

Tyrone Russell, 21, outside Melbourne Magistrates' Court. Picture: Stuart Walmsley

He said the critical parts of the incident were captured on CCTV footage from two nearby cameras.

The court heard Mr Closter bumped Mr Cassai with his shoulder and then stood over him, as if to strike him, as he lay on the ground.

“CCTV footage clearly shows the accused here assaults Mr Cassai on three separate occasions and he appears to be focusing his aggression upon Mr Cassai and Mr Cassai alone,” Det-Sgt Solomon said.

He said a number of young men held Mr Closter back as he advanced on a retreating Mr Cassai, but he managed to break free and chased after him.

The footage shows Mr Cassai had his hands in front of him - in an attempt to defend himself or ward off the imminent attack - when Mr Closter delivered a “roundhouse style punch” to the right side of Mr Cassai’s head, the court heard.

“He falls straight to the ground backwards and we see his head hit the pavement and he lies completely still, he never moves,” Det-Sgt Solomon said.

He said Mr Cassai was airlifted to The Alfred hospital, but medical experts told police at 8am he had sustained an “unsurvivable head injury” with a “hopeless” prognosis.

He died about 4pm that day.

The court heard Mr Closter told police he and his friends had been to the Rye carnival when he saw a boy from Mr Cassai’s group remove a street sign and yelled out: ‘What do you think you’re doing, mate?"

Mr Closter said he was assaulted by a number of people and, after being knocked to the ground, instinctively struck out at the nearest person to him.

“He said he didn’t realise at the time he had seriously injured the boy that he punched,” Det-Sgt Solomon said.

Mr Russell, a West Australian man, was charged with affray and two counts of intentionally causing injury.

Mr McCluskey, of Kilsyth, was also charged with intentionally causing injury and affray.

Mr Closter and Mr McCluskey’s mention hearings were adjourned until May 10 because their legal representatives received required documentation from the prosecution recently.

Members of Mr Cassai’s family cried after the hearing and walked from the court, linking arms.

The bail conditions of the three accused were extended.
 

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