Was pool party fingertip loss an accident?
A DEFENCE barrister has argued that there was no way his client could have foreseen a man's fingertip would be cut off when they got into a fight.
Defence barrister Geoff Seaholme told a Brisbane District Court jury on Thursday that there was a "real and substantial prospect" that his client, Brendan Rhys Jones, crashed into Ipswich forklift driver Aidan Cusack by accident.
Mr Cusack lost the tip of his right little finger on January 26 last year at the Ferny Grove pool party.
Mr Jones has pleaded not guilty to one charge of grievous bodily harm for the attack.
In closing statements today, Mr Seaholme painted the scene of the booze-fuelled pool party, where people were playing beer pong and drinking ciders and tequila and said it was a day "memorable for all the wrong reasons".
He highlighted the conflicting evidence given by witnesses who were at the party and the different accounts of the night given by Mr Cusack and Mr Jones.
In a recorded interview with police, Mr Jones argued that he "did not throw the first punch".
Mr Cusack has alleged he was "crash tackled" through a pool fence and has vivid memories of Mr Jones holding him by the throat.
"Who knows where the truth lies," Mr Seaholme told the jury.
"It might lie somewhere in the middle. If you think it lies somewhere in the middle, then you have to find him not guilty."
"Let's hope that future Australia Days are less memorable (than) this one."
Mr Cusack was bleeding badly after the fight and was driven to the hospital.
His finger could not be re-attached and he received stitches on his eyebrow as well as surgery for injuries to his wrist and thumb.
The trial continues before Judge Ray Rinaudo. - NewsRegional