A SYDNEY MAN has been acquitted of manslaughter over the death of an Irish backpacker who died after being attacked outside a takeaway in the city over two years ago.

Tobias Simmons was found not guilty in the case, saying he acted in self-defence when he punched Gearoid Walsh, 23, in October 2009.

Australia’s ABC reports that Walsh had been in Austraila for a month and had been out celebrating his sister’s birthday with his brother and other friends when he got in to an argument at a kebab shop about how long he was taking to pay.

The New South Wales district court in Downing Centre heard that the group had previously been drinking for several hours, and that Walsh had been attacked after returning to the kebab shop after the first argument.

The Sydney Morning Herald summarises that Judge Martin Blackmore found Simmons, 30, was provoked and may have acted in self defence when he struck Walsh.

“The Crown has not proved beyond reasonable doubt that Mr Walsh was not acting in self-defence,” the judge said.

Walsh had collapsed outside the Coogee Yeeros shop after being struck, and never regained consciousness.