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ABC News
ABC News
National
By Emma Younger

Melbourne surgeon 'chest bumped' man accused of fatally punching him, court hears

A Melbourne surgeon allegedly killed in a one-punch attack at Box Hill hospital used his chest to bump the man accused of throwing the blow in the minutes before the incident, a court has been told.

Joseph Esmaili, 23, is charged with manslaughter for allegedly killing 41-year-old Patrick Pritzwald-Stegmann during an argument over smoking in May last year.

He allegedly punched the heart surgeon so hard it rendered him unconscious and caused him to fall backwards and crack the tiled floor with his head.

One of Mr Esmaili's friends Corey Rogers was smoking outside the hospital with him on the night of the incident.

He told Mr Esmaili's committal hearing in the Melbourne Magistrates Court he was standing outside when he saw Mr Pritzwald-Stegmann "chest bump" his friend.

The alleged push is not captured on the CCTV which has been played in court.

Mr Rogers also acknowledged he was standing behind the doctor and could not always see what he was doing.

"There were some more words exchanged and that's when the doctor puts his bag on the ground," he said.

"Then I see the guy sort of shape up to Joe — well he did and he didn't.

"The guy's back was to me and I couldn't see what he was doing."

Mr Rogers told the court he saw the surgeon fall backwards onto the floor of the hospital foyer but did not see him hit his head as he was tying to get inside to "pull my friend away".

Mr Esmaili fled the scene and drove off in a car with Mr Rogers.

His friend told police that Mr Esmaili was crying, calling himself an idiot and apologising to his grandmother, his dad and everyone else who was in the car.

Second scan shows multiple fractures

Medical professionals who rushed to Mr Pritzwald-Stegmann's aid have also given evidence about his condition immediately after the incident.

The surgeon underwent an emergency CT scan at Box Hill hospital before being transferred to the Alfred hospital where he underwent a further scan.

The court has heard that a report compiled from the first scan indicates he only had a fracture to the right side of his skull whereas the second scan, taken two hours later, shows fractures to both sides of his skull.

Dr Aaron Woodward, an emergency physician at Box Hill Hospital, said he would be incredibly surprised if Mr Pritzwald-Stegmann had managed to injure himself in the time between the two scans.

"There were periods when he was agitated and required physical restraint … there were always people ready to protect him from hurting himself," he said.

Dr Woodward said the two radiologists may have interpreted the scans differently or a small fracture could have been missed.

He also said if Mr Pritzwald-Stegmann was moving while undergoing the scan, it would have reduced its accuracy.

The hearing before Magistrate Ross Maxted is expected to last another three days.

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