A 33-year-old man from Ballycastle, Co Antrim is expected to apply for bail on Monday over an alleged assault in Sydney that has left his brother in a critical condition.
Barry Lyttle allegedly punched his brother Patrick (31), in the Kings Cross entertainment region of the city at around 3am local time on Saturday (4pm Friday, Irish time).
Patrick Lyttle sustained a serious head injury when he fell to the ground after being struck.
He was in a critical but stable condition on Sunday night following surgery at St Vincent’s Hospital to relieve pressure on his brain.
Barry Lyttle was arrested at the scene of the alleged assault, taken to Kings Cross police station and charged with causing grievous bodily harm.
He later appeared in court via video link. Mr Lyttle did not apply for bail and the case was adjourned to Central Local Court on Monday.
When magistrate Anthony Spence commented that the victim was the accused's brother, Mr Lyttle put his head down and began to cry.
“Once again alcohol seems to have played a part,” Mr Spence said.
However, Superintendent Michael Fitzgerald of the New South Wales (NSW) police said alcohol was not a factor in the alleged assault.
Under NSW law there is a mandatory minimum sentence of four years in jail for assaults where a high level of alcohol is involved.
For this law to apply there has to be a blood alcohol reading of 0.15 or more, three times the legal driving limit in the state.
But the mandatory minimum sentence will not be applicable in this case, as Barry Lyttle’s blood alcohol reading was less than 0.079.
Superintendent Fitzgerald said the men’s father is in shock.
“The pain in his eyes, you could not describe it,” he said.
The fight between the brothers was captured on CCTV.
“It is quite evident that this resulted from a minor argument,” Superintendent Fitzgerald said.
“This was caused by one punch and we now have a father who is facing the reality of one son facing serious criminal charges and another son fighting for his life.”
Patrick Lyttle has been in Australia since last June, while his father (74) and brother arrived to visit him four days ago.
A year ago, following the deaths of two young men caused by “one punch” assaults, the New South Wales government introduced “lock out” laws in parts of central Sydney with a heavy concentration of bars and nightclubs.
Kings Cross is infamous for being an entertainment hub and home to Sydney’s red light district.
The lock out laws were relaxed on New Year’s Eve but have continued as normal since then.