By Cam Lucadou-Wells
A CRANBOURNE West man accused of pushing another man off a railway station platform and leaving him with a broken leg on the train tracks has argued he was acting in self-defence.
Kimiora Tangatapoto, 19, indicated to Dandenong Magistrates’ Court on 19 September that he’d contest the charges including assault, recklessly causing serious injury and reckless conduct.
The court heard Tangatapoto, who was with two associates, was accused of punching the man in the head several times and then deliberately pushing the man onto the railway tracks at Yarraman station about 5.53pm on 8 April.
Police alleged the accused told his victim, who lay on the tracks with a broken leg as a result of the fall: “Did you learn your lesson?”
Tangatapoto then left with his associates. A witness on another platform came to the victim’s rescue, hauling him off the tracks 60 seconds before a 6.03pm express train hurtled past.
The victim was taken to Dandenong Hospital and required orthopaedic surgery to the complex fracture.
The incident was captured on CCTV footage.
Tangatapoto – who had no prior history – surrendered himself to police the next day, after the incident was shown on TV news. He told police “it was the right thing to do”.
His lawyer told the court that the victim had conceded in his statement to having “just shot up” on heroin prior to the altercation.
The swearing victim had shown off a bag full of hypodermic needles, then approached Tangatapoto holding a needle in one hand while the other hand was outstretched, the lawyer said.
“(The victim) was not in a right state of mind and could have stabbed him.”
The lawyer said Tangatapoto responded to the threat by punching and pushing the victim “to get him away from him”.
“My client says … he didn’t deliberately push him off the platform. He expected him to get up and climb off the tracks.
“There was no train in the vicinity.”
The lawyer said that the lead-up to the assault was not captured on CCTV footage or described by witnesses.
“I’d be interested to know if the informant examined the bag. If he did, maybe he could confirm there was a large number of hypodermic needles,” he said.
Magistrate Jack Vandersteen said the case may need to be heard by a higher court if Tangatapoto pleaded not guilty due to the extent of the victim’s injury.
“What I’m uncertain of is whether the (magistrates’) court has enough sentencing options … (and that) two years’ (jail) is sufficient.”
Mr Vandersteen, however, noted the charge of intentionally causing serious injury could not be “made out on the facts”.
Tangatapoto is due to reappear at Dandenong Magistrates’ Court on 26 September.
