Theo Hayez inquest: Byron Bay security guard ejected Belgian teen for ‘approaching intoxication’
Belgian backpacker Theo Hayez was “approaching intoxication”, says the security guard who ejected him from a Byron Bay bar before he was never seen again.
“He seemed like he was losing his coordination and balance because he was swaying a little bit,” Shannon Mackie told the inquest into the teenager’s disappearance.
While he was confident about his assessment, Mackie on Thursday agreed he could have been mistaken but preferred to err on the side of caution to abide by New South Wales’s strict liquor laws.
The 18-year-old traveller went missing after being ejected from the Cheeky Monkey’s bar at 11pm on 31 May 2019.
Google data shows Hayez looked up the route back to his hostel but for unknown reasons walked in the opposite direction.
Police believe he eventually tried to climb some beachside cliffs, perhaps to reach the famous lighthouse, fell, and was washed away.
But his family say the cautious teenager would not have gone alone through a dark and difficult bushland track to reach the beach.
Mackie testified to having some years of experience in observing patrons to assess whether they were intoxicated or approaching that state.
The bar’s policy was to remove people in the latter category, as NSW liquor laws required there be no intoxicated patrons on the premises.
His memory of the night was vague so he relied on his police statements which described Hayez as being moderately intoxicated.
He was watching the teenager walk from the toilets when he appeared to be losing his coordination and balance, approaching him after observing him for another five minutes.
As per the bar’s “code green” policy, he asked Hayez for his identification and he pulled out a Belgian driver’s licence from his wallet in his jeans.
Mackie agreed if the teenager had had any difficulty doing this it would have been in his police statement, which it was not. Neither was there mention of Hayez smelling of alcohol.
The guard took him outside where he told him he was approaching intoxication and would not be allowed back in.
“He said OK” and was “compliant, quiet and showed no signs of aggression”.
Sometimes patrons are re-assessed outside, but Hayez had not protested as some sober people did who were allowed back in.
Mackie was shown CCTV footage of Hayez inside the club and agreed he couldn’t see anything untoward, but said he was confident of his assessment.
Both Mackie and the bar’s security manager, Bradley Hill, said there was no policy to eject a certain number of
people an hour or per night. Neither was there a policy to eject men to allow more women into the bar.
They had never heard of anything adverse, such as an assault, occurring to someone who had been ejected and both considered the area to be safe.
At the time, a new liquor licensing sergeant had come to the area.
Hill said he reminded staff to be vigilant due to penalties applicable to having intoxicated people on the premises.
While people approaching intoxication were not banned, one more drink would put them over the line and ejecting them prevented stress on the venue.
The inquest continues.