The fate of Matthew Domio, accused of the one-punch assault and subsequent death of his father, remains undecided after a jury failed to reach a verdict.
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Jurors in the Wollongong District Court trial said they could not come to a unanimous decision on the case, which hinged on the question of whether the death of Dario Domio was the result of a blow dealt by his son, Matthew Domio.
The jury retired to consider its verdict on Tuesday after hearing six days of evidence. Shortly before midday on Thursday they advised they could still not reach a unanimous or majority (11-1) decision. Judge Andrew Haesler discharged the jury after it indicated further deliberations would not break the deadlock. The matter will return to court September 6, when a date for a new trial is expected to be set.
Domio has been granted conditional bail to live at his mother’s Albion Park home. He must report weekly to Lake Illawarra Police Station and abide by a 10pm curfew.
The 32-year-old was charged with one count of assault causing death (under the influence). Police alleged he hit his father during a drunken altercation in the lounge room of the family's Dapto home on May 24, 2015. Dario was rushed to hospital and underwent emergency surgery but died two days later.
The jury heard evidence from Domio’s friends and family about the circumstances surrounding the altercation, as well as testimony from police and paramedics first on the scene and doctors who examined Dario before and after his death.
In order to return a guilty verdict, the jury needed to be satisfied beyond reasonable doubt that Dario’s death was the direct result of the injuries he sustained from being assaulted by Domio or falling to the ground at his hand. They had to be satisfied that the assault was intentional, and that it was not ‘excused by law’, in circumstances of self-defence.
In closing submissions, defence lawyer Wayne Flynn suggested the latter could not be ruled out, given the evidence before the court of Dario’s long pattern of violence towards his eldest son. The jury also heard forensic evidence which left the door ajar to the possibility that the brain bleed that led to Dario’s death could have pre-dated the confrontation with his son.
Departing the court house with friends and family on Thursday, Domio declined to comment on the outcome.
Mr Flynn told reporters “these things happen”. “The sad part was, somebody died,”he said. “Matthew in his interview - notwithstanding all the evidence you heard about his father – Matthew said he loved his father, his father loved [everybody]. I think that sums it all up. It’s just a tragic thing that happened.”
