Three security guards surround a man at the Grovedale Hotel in southwest Victoria on May 3, 2024.
The interaction, captured on CCTV footage, which you can watch above, shows a conversation taking place before one of the guards grabs the man by his blue shirt and begins pulling him towards the exit.
His shirt rips and the beer he is holding spills on the shoulder of the guard before two other members of the security team step in and help escort the man out.
Outside, three bouncers continue the conversation. It is not clear what is being said, but the patron is pointing towards the pub.
Without warning, and while he is not looking, the man is struck in the face with an elbow by bouncer James Cahill.
He falls to the ground, hitting his head on the pavement where he lies motionless. Mr Cahill walks away, while one security guards makes a call for help and another rolls the patron onto his side to reveal that blood has begun pooling under his head.
There is no suggestion of wrongdoing by the other bouncers in the incident.
The man on the ground, who spoke to news.com.au on condition of anonymity, is suing for damages after he suffered what his lawyers say is a significant brain injury.
Documents prepared by Shine Lawyers and shared with news.com.au claim Mr Cahill’s employer — Regional Security Services Australia Pty Ltd — failed to conduct adequate pre-employment screening for Mr Cahill and failed to train Mr Cahill “sufficiently or at all”.
The documents claim the company also failed to conduct reference checks and criminal complaint history related to Mr Cahill and failed to implement and communicate a “use-of-force policy”.
“As a result of the incident, the plaintiff suffered injury (including) traumatic brain injury, loss of consciousness, multiple intracranial haemorrhagic contusions, skull base fracture extending to the extradural haematoma, intracranial bleeding, cognitive impairment and memory deficits, vertigo, loss of smell, facial palsy and neurological symptoms and psychiatric injury,” the documents, filed last month, state.
Shine Lawyers claims the strike “was entirely unnecessary use of force in the circumstances or was an excessive use of force in the circumstances”.
The Herald Sun, which first reported the story, said Mr Cahill pleaded guilty to a single charge of recklessly causing injury in the Geelong Magistrates’ Court and was convicted and placed on an 18-month community corrections order.
Speaking to news.com.au, the electrician, who is now 37, said he struggles with the aftermath of the incident daily.
“Nearly two years later, I am still receiving multidisciplinary rehabilitation through the McKellar Centre,” he said.
“I have an incredible team of specialists helping with the physical, cognitive and emotional effects of my injuries.
“One treating clinician described my head injury as comparable to the trauma seen in a high-speed car accident.”
He has not been able to return to work.
“I have attempted limited tasks, but my injuries have fundamentally changed what I can safely and reliably do,” he said.
“I lost much more than income. I lost independence, confidence, freedom and the future I had been building.
“(I have been asked) whether I would survive. Nearly two years later, I’m still in rehabilitation. Surviving was only the beginning.”
He told the Herald Sun he is “extremely lucky to be still alive”.
“I thought the one punch rule was bought out and that they had really brought a lot of attention to it,” he said.
“It can kill, but if it doesn’t it can change the trajectory of your life forever.
“There is a lot of stories out there that people have been killed in these situations.
“When a venue engages security, patrons should be protected.
“The security should be trained, supervised and accountable for their actions.”
News.com.au has reached out to Regional Security Services and the Grovedale Hotel for comment.
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