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 Partner to sue in gay club stabbing 

Partner to sue in gay club stabbing

16 Jul, 2009 08:03 AM
The partner of a young Canberra man stabbed to death in a brawl outside a gay nightspot three years ago is suing the club's owners over the killing.

Patricia Soledad Gaete is taking civil action against the owners of Civic's Cube nightclub over the death of her partner and father of her two children, David Nato Seuala, on August 4, 2006.

The 23-year-old died of stab wounds in the Canberra Hospital, three weeks after he and four friends brawled with club owner Maurizio Rao and bouncer Adam Street outside the gay nightspot.

Documents lodged in the ACT Supreme Court by lawyers for Ms Gaete claim the club was negligent and liable for her partner's death and claim more than $850,000 damages for past and future economic loss and funeral expenses.

In the course of the fight at 4.30am on July 15, 2006, Mr Seuala was stabbed in the abdomen and, fatally, in the head.

Mr Rao, of Kaleen, was found not guilty last year of murder and inflicting grievous bodily harm when Supreme Court Justice Malcolm Gray found he acted in self-defence after being attacked by MrSeuala and his friends.

The two-week trial heard the deceased and his four friends, who were all of Pacific Islander descent, were refused entry to the club because of their heavily intoxicated state.

Witnesses said the five men made threats against other patrons, vowing to ''bash poofs'' if they were not admitted to the club.

When the men eventually agreed to leave the area, the court heard, they were provoked by a racist remark made by Mr Rao and a brawl broke out between the club owners and the five friends.

Witnesses described a brutal fight, with one bystander telling the court he believed Mr Rao would die from the beating.

Although Justice Gray rejected Mr Rao's evidence that he did not strike the fatal blow, he did accept that the 34-year-old acted in self-defence when he wielded the knife.

But Ms Gaete's lawyers Blumers claim the club was responsible for Mr Seuala's death for allowing Mr Rao, who they claim is technically an employee of holding company XL Enterprises, to brawl with patrons or prospective patrons.

Blumers also claim that XL failed to provide a safe entertainment venue, failed to train its security staff properly and allowed one of them to carry a knife.

Lawyers for XL have lodged a defence with the court, denying any negligence or liability for Mr Seuala's death.

XL's lawyers Deacons further allege that it was Mr Seuala's negligence that resulted in his own death and that he was engaging in illegal activity when he instigated the fight.

The case is due to be heard later this month.

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