A Sydney man who collapsed outside a milk bar nearly 50 years ago was killed by a punch to the head however the perpetrator cannot be identified, a coroner has ruled.
Peter Smith died in October 1971 while on a boozy night out with a friend, however for decades some members of his family have refused to accept the autopsy report that it was a result of natural causes.
During a two-day inquest held at the NSW Coroners Court in October, Gary Hall - who was with Mr Smith on the night of his death - said the 20-year-old was hit by an employee of the Blue Sky Milk Bar after getting into an argument.
In police interviews and at the inquest Con Boulougouri - who owned the Pitt Street milk bar with his brother Jim - said the pair did not set foot in the shop and there was no verbal or physical altercation.
He said that he had watched a young man, who was drunk, collapse to the ground.
It was initially concluded that Mr Smith died of subarachnoid haemorrhage due to a ruptured cerebral artery and police ruled there were no suspicious circumstances.
However 45 years later his sisters Judy Smith and Belinda Stapleton lobbied for an inquest, after Mr Hall told them that Mr Smith was hit and killed.
According to Mr Hall, at the time, Mr Smith's father Colin had told police that he did not want charges laid.
"Gary accepted this, thinking it right to respect the wishes of the Smith family," Magistrate Elizabeth Ryan said in her findings on Wednesday.
In 1971, a post-mortem carried out by Dr Edward La'Brooy found that Mr Smith had a small bruise on his chest but had no other injuries.
It also found that his death was likely caused by a small one millimetre rupture of a cerebral artery.
However according to a report prepared by forensic neuropathologist Dr Michael Rodriguez and evidence given by Royal Prince Alfred Hospital head of neuropathology Dr Michael Buckland, it was unlikely that Mr Smith's death was the result of natural causes.
"There is a need for me to make a fresh determination as to the cause of Peter's death," Ms Ryan said.
"I find that Peter Smith died from a massive basal subarachnoid haemorrhage caused by a blow to the head."
However it was concluded that on current evidence the perpetrator could not be identified.
"I accept the submissions of counsel assisting, and those on behalf of Mr Boulougouris and Peter's family, that the evidence does not enable me to identify the person who inflicted the blow," Ms Ryan said.
Australian Associated Press
