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AAP
AAP
National
Jack Gramenz

Soldier denies pool party punch after being 'punk'd'

Heston Russell (centre) has denied punching anyone at a drunken rooftop pool party. (Dean Lewins/AAP PHOTOS)

Former soldier and senate candidate Heston Russell thought he was being "punk'd" by a group of men at a drunken rooftop pool party and was himself joking when he said he would throw them off a balcony.

But he denies he punched anyone in the face.

Russell has pleaded not guilty to a charge of common assault over an alleged incident at the party in Sydney's inner-eastern suburbs on January 2, 2022.

He told Sydney's Downing Centre Local Court on Thursday an argument was escalating before a comment led to some "pushing and shoving".

"No one cares about you and your veteran mates killing yourself," Russell told the court he heard.

But the 38-year-old managing director of a veteran's support charity denied punching anyone in response.

"We were that close you wouldn't have even been able to throw a punch," Russell said.

Two witnesses before the court denied hearing or making the comment about veterans when Russell's lawyer Michael Bowe suggested it to them on Thursday.

The host of the pool party told the court he vividly recalled Russell complaining a group of guys were "having a go" at him, but said he did not witness anyone get hit.

The alleged assault at the party followed a Yacht Social Club event on Sydney Harbour where Russell and other attendees had first met earlier in the day.

Russell told the court he met Nathan Johnston at the day-time party and kissed him on two separate occasions on one of the boats.

Mr Johnston told the court that's not true, and that Russell was kissing someone else on the boat, however both told the court they kissed at the later pool party.

All witnesses who attended the party and gave evidence on Thursday, including Russell, acknowledged they had been drinking and were intoxicated.

Mr Johnston said his partner Christopher Hicks and a friend witnessed Russell kiss him a second time in the pool.

Russell later approached Mr Johnston and Mr Hicks where they were standing with Steven Pate.

Russell told the court he heard a man tell him to "f*** off" before Russell inquired who he was and learned it was the boyfriend of the man he'd been kissing.

Mr Hicks told the court he would not have been that upset.

"Without going into the specifics of my relationship, my partner kissing someone else isn't the end of the world," he said.

He said he saw Russell hit Mr Pate, while Mr Johnston said he saw an arm pass across his face from where Russell was standing and looked over to see Mr Pate holding his face.

Russell told the court an argument became increasingly heated but he thought he was being "punk'd" when Mr Pate made a "sobering" comment implying he had forced himself on Mr Johnston.

Russell said there were four men in a semi-circle around him when he said "words to the effect of: 'if you keep coming at me I'm going to throw you off the balcony'".

"It was more an in-jest comment in my opinion," he told the court.

Magistrate Margaret Quinn reserved her decision to a later date.

"There has been some quite conflicting evidence," she said on Thursday.

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