‘A man who didn’t fight’: A man who wasn’t a fighter dies in court

A man has died in court after his lawyer said his defence was “totally incompetent” and that he “didn’t fight” in the courtroom.

The 27-year-old was found unresponsive in the witness box on Monday night in the District Court in Sydney.

He had been found unconscious and suffering from hypothermia and a cardiac arrest, his lawyer Michael Schmid said.

“He was lying on the witness table with his legs crossed, and he didn’t have any legs,” Mr Schmid told reporters outside the court.

His condition had deteriorated and he was in a coma, he said.

“He wasn’t fighting.

He wasn’t trying to fight.

He didn’t even try to fight,” he said, adding that his client’s family had called the police after he failed to show up for a scheduled court appearance.

Mr Schmid described Mr Todt as a “very good defence lawyer”.

“I don’t think there is anything in the law that would justify the kind of defence that was being given,” he added.

Mr Todst, who was in his 20s, was charged with manslaughter, assault occasioning actual bodily harm, aggravated assault and unlawful wounding after allegedly being attacked by two men who tried to break into his home.

An autopsy was completed on Tuesday and it was expected to find the cause of death to be cardiac arrest.

The court heard that he had been diagnosed with multiple sclerosis, and a family friend had also suffered from the disease.

It is not clear if Mr Totst had been prescribed medication to treat the condition, and Mr Schmet said he had “absolutely no memory” of what happened.

At the inquest, coroner Robert O’Connor described Mr Thotts death as “an extremely tragic event”.

“We have a man who was obviously a very good and talented defence lawyer, and the evidence shows that his mental state was not what it should have been,” he told the hearing.

“[The evidence] is very clear that the deceased’s death was an extremely tragic accident.”

Mr Thotting had been due to go on trial next month.

Topics:law-crime-and-justice,law-police,law—courts-and.courts,court-rooms-and‑trials,death,sydney-2000,australiaMore stories from Western Australia

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