In 2014, he was part of an indoor cricket team, Sayer's Army, which was sponsored by Rival Wealth.
The team gathered at a bach on the mouth of the Whareama River to celebrate winning their indoor cricket league.
Sayer and Fairbrother had earlier gone shopping together for food and alcohol using the prize money of $600.
They purchased 10 dozen cans of beer, some coke and four bottles of spirits, and food. Sayer later bought four more dozen cans of beer.
The group began drinking before 9am at the jetty while waiting for a latecomer, and continued drinking once they had arrived by boat at the bach, while playing cricket on the beach. After lunch, the team had a humorous awards ceremony where winners had to each consume their drinks in a single draught.
Fairbrother said he "had sculled two glasses [of spirits], maybe more", and had removed himself because he "wasn't feeling very well" and was "considering vomiting".
Sayer joined him after about 20 minutes and had sat down next to him, Fairbrother said.
Sayer then began talking about a business situation concerning Fairbrother and Sayer's wife, an accountant for Rival Wealth who sat on its advisory board.
"He proceeded to tell me I was being nasty to her, the emails were inappropriate," Fairbrother said.
He said Sayer had "a lot of aggression in his voice" and the time spent arguing "would have been an awful long time".
Fairbrother said Sayer later "got aggressive" and began using profanities, "saying I was a gutless c*** and I should stop bullying his wife".
Fairbrother said Sayer flicked his cap off his head three times, and kept saying, "Come on, come on, what are you waiting for?"
The pair then kept away from each other as people continued drinking, Fairbrother said.
Dinner was at about 7pm or 8pm and by about 9pm two had gone to sleep, when "Troy started up again," Fairbrother said.
He and Sayer "came together" and were "being held back".
"Troy then yelled at me; he yelled, 'I will kill you, Tim, I will kill you'," Fairbrother said.
He said both of them had moved towards each other and both were held back by others. Later that night Fairborther said he had gone out to the deck to go to the toilet, and Sayer was doing the same.
"I came around the corner and went to walk up to him and past him. I said, what's the story? You said you were going to kill me."
Fairbrother said Sayer had turned to face him and lunged forward and grabbed him.
"He grabbed me with two hands around my Adam's apple".
Fairbrother said he hit Sayer around the left eye with his right hand because, "I wanted to keep him away from me. His hands came off my throat ... he then struck me with his other hand."
Fairbrother said Sayer struck out twice more but was going backwards so his "blows didn't have a huge amount of force".
Sayer had fallen back and Fairbrother "fell forward with him in a crouching position".
Sayer was kicking at him with his jandaled feet, but was "still adamant that he was going to get me even though he was flat on his back at that stage".
Fairbrother then "backhanded him on the side of the face". This was "to stop him kicking me" and his motive "was to get him away from me".
Fairbrother's brother, Richard Fairbrother, said that he had seen Sayer flicking his brother's hat off and had heard him say he would kill him.
In cross-examination, police prosecutor Sergeant Jodie Lawrence suggested to both witnesses they had made these facts up, given only the two of them had given this evidence.
Both men denied this.
Ms Lawrence asked Fairbrother why he had left a message on Sayer's phone, apologising and saying, "I can't believe I did that."
Fairbrother's response was that he "did what any reasonable person would do".
"I had a fight with a friend and wanted to be able to talk with him and meet him and talk it through."
Judge Bill Hastings reserved his decision.
