Father accused of brutal attack outside Sydney McDonald's claims it was 'self defence'

A father accused of a brutal assault during a late night confrontation in Sydney, has claimed he’s not guilty as his reaction was self defence, to fight off an attacker.

Karl Higley claims he simply wanted to grab a bite to eat at the Park Street McDonald’s before heading home to his wife and kids.

Datillo appeared 'drunk and aggressive' on the CCTV.
Datillo appeared 'drunk and aggressive' on the CCTV.

Giovanni Datillo appeared drunk and aggressive while inside the McDonald’s, it’s believed the pair met for the first time there.

Higley is now accused of a violent attack, but there are questions around whether he acted in self defence.

CCTV shows Datillo was aggressive towards staff and other customers.

Higley before the attack. It's believed he was grabbing a bite to eat before heading home.
Higley before the attack. It's believed he was grabbing a bite to eat before heading home.

The McDonald’s manager later told police a man was swearing and trying to fight him, in reference to Datillo.

“He was trying to get me to go outside and fight him,” the manager said.

Higley, 41, was seen minding his own business, eating his dinner…until he became covered in soft drink.

Both men were seen leaving the fast food outlet, with Higley waiting around a corner for Datillo to pass by.

As he walks past, Higley strikes him in the chin with his elbow and he immediately drops to the ground unconscious.

Datillo's friends rush over to help, but an aggressive Higley punches one of them to the ground, prompting the others to back off.

In court Higley pleaded not guilty to the assault charges.

His lawyer claimed he was only doing what he thought he needed to do to protect himself.

Higley was filmed unleashing on the victim, Datillo, however he claims his actions were self defence.
Higley was filmed unleashing on the victim, Datillo, however he claims his actions were self defence.

“The alleged victim was aggressive and made threats to numerous people,” laywer Ahmed Dib told the court.

Higley will face a two-day hearing at the Downing Centre Local Court in September, where as many as 14 witnesses will give evidence.