Luke Adams leaves the District Court today before the verdict was handed down. PICTURE: Justin Benson-Cooper Source: PerthNow
FREE MAN: Dylan Winter leaves the Perth District Court after the not guilty verdict. PICTURE: Justin Benson-Cooper Source: PerthNow
Luke Adams leaves the District Court today before the verdict was handed down. PICTURE: Justin Benson-Cooper Source: PerthNow
Luke Adams miraculously survived after his parents were initially told he had just hours to live. Picture: Supplied Source: news.com.au
Luke Adams had a promising footy career at WAFL club Swan Districts. Source: Supplied
Luke Adams in hospital after the attack. Source: Herald Sun
Luke Adams at the District Court today before the verdict was handed down. PICTURE: Justin Benson-Cooper Source: PerthNow
FREE MAN: Dylan Winter leaves the Perth District Court after the not guilty verdict. PICTURE: Justin Benson-Cooper Source: PerthNow
IT took a District Court jury two hours to acquit a 20-year-old Secret Harbour man over a one-punch attack on promising WAFL footballer Luke Adams which almost killed him.
Dylan Gerald Wayne Winter was found not guilty of causing grievous bodily harm to Mr Adams, after being accused of delivering a punch during a fight in Northbridge on May 1 last year which left Mr Adams in an induced coma for several weeks.
Mr Adams and his family weren't in court to hear the verdict, with members of Mr Winter's family in tears when it was handed down.
This morning Judge Stephen Scott gave final directions to the jury, after State and defence lawyers addressed them yesterday.
Dylan Winter's lawyer Craig Eberhardt had told the jury yesterday that his client should not be "sacrificed" just because of the "myth" his victim was a community hero.
Mr Eberhardt said it was up to the State to prove that Mr Winter was not acting in self defence when he struck Mr Adams in Northbridge that night.
He said the jury must ignore media reports surrounding the case, which he claimed had been "a barrage of inaccurate and misleading media coverage" and focus on the evidence that had been before the court.
"Do not sacrifice Dylan Winter at the altar of the myth of Luke Adams," he said.
Mr Eberhardt said his client, who does not have a criminal history, had punched Mr Adams because he believed he was about to be hit, which was a reasonable response.
He said the punch was not hard enough to break any bones or to leave a mark or bruise on Mr Adams that was significant enough to be recorded.
Mr Eberhardt said it was "more than a little ironic" that Mr Adams now promoted an anti-violence message in his charitable work in the community given the evidence that had been given during the trial that he had initiated the altercation by calling out a comment.
"Sometimes good people behave badly when they are drunk," he said.
Earlier, State prosecutor Amanda Forrester told the jury in her closing address it was the State's case that Mr Winter was not acting in self defence.
The court had previously heard from witnesses that Mr Adams shouted out a comment across Lake Street to Mr Winter's friends Jake Ward and Kara Hagen on the night of the incident, after which a verbal altercation began and Mr Winter became involved.
Ms Forrester told the jury no independent witness had heard the exact words Mr Adams yelled and Ms Hagen did not remember what was said, though she believed it was directed at her, meaning it could not have been aggressive or offensive.
"It was nothing ... just another noise," the prosecutor said.
"The comment yelled across the road was absolutely nothing to justify what happened next.
"The reaction to it was completely and totally disproportionate."
Ms Forrester said Mr Ward reacted to the comment by swearing, yelling, and moving across the road towards Mr Adams, who called out to his friend who had continued walking up the road: "Come on Travie, let's smash these c****".
The prosecutor told the jury the State's case was that Mr Adams did not advance on anyone and had defended himself against Mr Ward verbally, before Mr Winter became involved and threw the punch that caused Mr Adams to fall straight back and smash his head on the pavement.
Ms Forrester added that CCTV footage of the area around the time of the incident appeared to be obscured by the lights of a taxi.
"The State case is not that the accused intended to cause Luke Adams the harm he did," she said.
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