Accused NRL player ‘unimpressive witness’

Greta Stonehouse | August 10, 2022

Manase Fainu was a fit and strong professional footballer and must have intended to seriously injure a church youth leader when plunging a steak knife into his back, a jury has been told. 

And he had “no other thought in his mind” at the time he punctured his victim’s lung and caused him internal bleeding, crown prosecutor Emma Curran said in her closing address in the Parramatta District Court on Tuesday. 

Fainu, 24, has pleaded not guilty to wounding Faamanu Levi with intent to cause grievous bodily harm at Wattle Grove late at night on October 25, 2019.

The Manly Sea Eagles player denies any involvement in the brawl and gave evidence that when he heard “knife knife” he ran away scared for his own safety.

His defence barrister Margaret Cunneen SC said in the heat of the moment, with the darkness, chaos and speed of it unfolding, the jury could not be certain who stabbed Mr Levi. 

But they could be certain the NRL hooker, never before in trouble for any violence, did not, she said. 

The court was previously told Fainu and his friend Uona Faingaa known as “Big Buck,” were involved in a dancefloor fight and ushered outside by Mr Levi who told them not to fight on church grounds. 

CCTV footage shows Fainu with a white towel draped over his head and his four friends jumping back over a fence and into a car park where the brawl occurred with Mr Levi. 

“When things looked like they were getting out of hand, Mr Fainu pulled out a knife and plunged it into the back of Mr Levi,” Ms Curran said.

“Not content with having stabbed him once … (Fainu) moved around to the front of Mr Levi and swung the knife upwards towards (his) face cutting him across the eyebrow.

“Then he ran back to the car.”

Witness Tony Quach gave evidence that “he clearly saw the accused’s face, his left arm in a sling and that the accused looked angry,” Ms Curran said.

Mr Quach says he saw Fainu holding a knife in his right hand with a clenched fist and elbow bent at 90 degrees before Mr Quach pushed him saying “get out,” causing him to stumble. 

Moments later he said he watched Fainu plunge the knife into Mr Levi’s back.

Mr Quach gave impressive, persuasive evidence in painstaking detail of his first witnessed fight, Ms Curran said. 

“Not something you would be likely to forget.”

Another witness involved in the brawl – Kupi Toilalo – told the court that he saw a male in a sling approach his brother holding a knife. 

“The accused was the only person in a sling. And a sling is quite a distinctive feature,” Ms Curran said. 

In contrast, the Crown argued that Fainu was an unimpressive and evasive witness who gave contradictory and occasionally fanciful answers.

Ms Curran asked the jury to reject such evidence including his reason for scaling a three-metre tall brick fence to get back onto the church grounds, rather than entering through the front gate, because “it was easier”.

But Ms Cunneen argued Big Buck was the only angry man that evening and that her client’s sling stuck in the mind of the witnesses.

“The group was the threat and the distinguishing feature of the group of the five men was the sling.

“The sling has been attributed to the threat and the man with the sling gets the blame.”

But she said her client had “no beef” with anyone that evening, and asked the jury to reject Mr Quach’s version of events, saying he wanted to insert himself as a hero. 

“Do you think there might be some jealousy or willingness to blame someone who had achieved more degree of success in a prominent sport?”

The trial continues.