A Sydney court heard on Thursday that Irish man Barry Lyttle is seeking a lesser charge over the alleged assault of his brother, Patrick.
Mr Lyttle's lawyer Chris Watson told Downing Centre Local Court the case is straining the family's finances as their father Oliver had remained in Sydney with his sons since the incident on January 3rd.
Barry Lyttle (33) is charged with recklessly inflicting grievous bodily harm on Patrick Lyttle (31), who fell and hit his head after he was allegedly punched by his brother during a minor dispute in the Kings Cross entertainment district.
“The whole family is determined to stay here until the matter is finalised,” Mr Watson said. He said he is negotiating for the case to remain in the Local Court, rather than having it moved to the District Court as is more usual for cases such as this, so that his client might then not be subject to a custodial sentence if found guilty.
The court heard a report on Patrick Lyttle’s medical condition had just been provided to police.
"There are certainly some matters that the Director (of Public Prosecutions) could take into consideration," said prosecutor Alex Poulos. "It may well be that there is further evidence that needs to be obtained."
Deputy Chief Magistrate Christopher O'Brien adjourned the case for three weeks so that negotiations with the Director of Public Prosecutions could continue. He urged both sides to do all they could to resolve any remaining issues.
Speaking outside the court, Barry Lyttle said he wanted the case resolved so he could return home to Northern Ireland.
“We hope that it’s going to be closed very soon because Dad, Patrick and I need to get home.”
When asked how he was feeling, Patrick Lyttle said “I’m doing good, thanks”.
He thanked the hospital staff that helped in his recovery and said he was no longer attending rehabilitation sessions and there was no ongoing treatment.
“We (Barry and I) have had a fantastic relationship before this incident and it has not changed,” he said.
Patrick Lyttle had been travelling around Australia since last June and met his brother and their father in Sydney in late December.
After the alleged assault, Patrick Lyttle was taken to the nearby St Vincent’s Hospital and after surgery was on life support for six days before regaining consciousness.
Barry Lyttle was not charged under the New South Wales one-punch laws, which mandate minimum sentences for alcohol-fuelled violence, as he recorded a low blood-alcohol reading at the scene.
His bail conditions were altered today, with the number of times he has to report to police being reduced from three times a week to once. His other bail conditions include the surrender of his passport, a AU$2,000 (€1,435) surety and not approaching his brother within 12 hours of consuming alcohol.
The matter will return to court on April 9th.
