A man will stand trial for the death of a respected cardiothoracic surgeon, after a Melbourne magistrate heard the pair had a confrontation over a smoking ban.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Joseph Esmaili, 23, denies killing Patrick Pritzwald-Stegmann, who died on June 28, a month after being punched at Box Hill Hospital, where he worked.
Esmaili pleaded not guilty to five charges on day five of a committal hearing in Melbourne Magistrates Court on Friday, including unlawful killing and causing reckless and intentional injury.
During the hearing, defence lawyer John Desmond challenged whether Mr Pritzwald-Stegmann's head injury was caused by the punch, by the impact of his head hitting the floor, or later while he was in hospital.
He also proposed Esmaili acted in self-defence in response to a "perceived threat", claiming the surgeon "chest-bumped" his client.
Prosecutors allege the surgeon noticed a group, including Esmaili, smoking in a non-smoking area outside the hospital.
Esmaili then entered the hospital and had a confrontation with Mr Pritzwald-Stegmann, who told him smoking was banned, it is also claimed.
Next came the alleged punch.
Footage was played in the court on Friday capturing the fateful moment when Esmaili allegedly struck the surgeon in the hospital lift lobby.
Detective Leading Senior Constable David Price told the court Esmaili could be seen spitting at Mr Pritzwald-Stegmann before the punch.
However, Mr Desmond claimed that was "complete guesswork" and argued the surgeon did not subsequently wipe his face.
Const Price agreed the footage showed Mr Pritzwald-Stegmann pushing Esmaili away.
Magistrate Ross Maxted was satisfied a punch was made to Mr Pritzwald-Stegmann's head, which caused his death, regardless of whether it was the injury from which he died.
Esmaili, who did not apply for bail, will next appear in the Supreme Court of Victoria on February 22.
Australian Associated Press