Bashing victim not aggressive vic court 20160205 p5u0is.html – Breaking News & Latest Updates 2026
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Bashing victim 'never aggressive': court

AAP

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A Melbourne University student who died after being kicked by a man who says he was defending himself could be argumentative when drunk, but never aggressive, a court has heard.

Kyle Sirous Zandipour, 29, is on trial after pleading not guilty to murdering Joshua Hardy, telling police he believed Hardy was on drugs and going to rob him.

Mr Hardy, 21, had a blood alcohol level between 0.27 and 0.3 when he was kicked after spending the night at a valedictory dinner, then a 21st birthday party in October, 2014.

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Witness Christopher Davey told the Victoria Supreme Court Mr Hardy could be argumentative when drunk, but never aggressive.

Mr Davey told the court the worst reaction he'd seen Mr Hardy have when drunk was verbal.

When prompted to elaborate, Mr Davey said: "Wanting to have the last line in an argument".

Mr Davey said he didn't see Mr Hardy do anything irrational the evening before he died.

Another friend who gave evidence said when Mr Hardy gets angry he "just takes himself away" ... he was a "very friendly, outgoing gregarious kind of guy".

Mr Hardy encountered Zandipour about 1am outside a McDonald's on St Kilda Road.

As Zandipour's friend Matthew Bell passed by Mr Hardy outside the restaurant, Mr Hardy lifted his leg, causing Mr Bell to stumble.

The crown says Zandipour then swung Mr Hardy forcefully to the ground, kicked him several times and stomped on him.

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Mr Hardy was taken to The Alfred Hospital but pronounced dead less than an hour later.

Zandipour told police he had acted to protect himself and Mr Bell and he had not intended to kill Mr Hardy, who he thought was on drugs.

"I was intimidated by him. I thought he was out of control," Zandipour told police, the court previously heard.

The taxi driver who dropped Mr Hardy off after the 21st party gave evidence his passenger was "over drunk" but not rude or angry at all.

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"He was absolutely fine with me," the taxi driver told the court.

"He didn't say a single word."

The trial continues.

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