A crowd controller has described watching Andrew Marshall being sent backwards and then falling through a window on the second floor of Cottesloe’s Ocean Beach Hotel after a "fairly forceful push" by the man accused of the pub patron’s murder.
Giving evidence today in the Supreme Court trial of Stefan Pahia Schmidt, security guard Mark Sylva told the jury he had seen the "large set" man grab Mr Marshall off a table and shove him towards the window.
Mr Sylva testified that the window shattered and he saw Mr Marshall’s arms and legs go over the edge.
Mr Schmidt has pleaded not guilty to murdering Mr Marshall during the incident at the OBH on May 8 last year.
Mr Marshall died the following morning from injuries sustained in the fall through the hotel ’s window.
In his opening address to the jury yesterday, defence lawyer Tom Percy said Mr Schmidt accepted that he had deliberately pushed Mr Marshall out of the way with his left hand during a conversation with two women.
But Mr Percy said Mr Schmidt had not intended any harm and the death of Mr Marshall was a dreadful accident.
Today, Mr Sylva said he had been initially working on the door at the hotel on May 8 before taking on duties as a "roaming" crowd controller.
He told the court that Mr Marshall was leaning on a table talking to two women when the "large set" man approached.
"It looked like the large set guy grabbed the guy off the table and was giving him a shove towards the window, next thing I seen the window smash and the guy fall through," Mr Sylva said.
About six-and-a-half minutes of CCTV footage is expected to be played to the court when Mr Sylva resumes giving evidence this afternoon.Mr Percy is yet to cross-examine Mr Sylva.
'The West Australian' is a trademark of West Australian Newspapers Limited 2013.
All rights reserved.
Select your state to see news for your area.