R v Bridgland, ATS and Winter

In the early hours of 1 September 2012, Henk Van Oosterom, a Dutch national, died after being struck by a blow to the left side of his head in the eastern car park of the Old Bushman Hotel at Gawler. Jason Graham Bridgland, ATS, and Alex George Winter were charged with manslaughter in relation to the death. The trial was conducted before a Judge sitting alone. Following the completion of final addresses by counsel, the Judge found Winter not guilty and acquitted him, reserving judgment on Bridgland and ATS. The Judge's reasons for verdict and final verdicts were delivered on Tuesday, 10 December 2013.

The legal issues the court needed to decide included whether Bridgland acted in self-defence or in defence of another, and whether the second and third accused were parties to a joint criminal enterprise with Bridgland to assault the deceased. The court considered the post-mortem examination, CCTV footage, and evidence from witnesses to determine the circumstances leading up to the fatal blow.

The court concluded that Bridgland was present inside the hotel premises prior to the incident in the eastern car park. CCTV footage and witness testimonies established his presence. The court found that the prosecution had not proven beyond reasonable doubt that Bridgland acted in self-defence or in defence of another. The court also found that there was insufficient evidence to establish that ATS and Winter were parties to a joint criminal enterprise with Bridgland. As a result, the court found Bridgland and ATS not guilty of manslaughter.

The final orders of the court were that Winter was acquitted, and Bridgland and ATS were found not guilty of manslaughter.