THE DEFENCE barrister for a Hervey Bay man on trial for attempted murder has told a supreme court jury that her client only used a knife on a 19-year-old boy because he was afraid for his own safety.
In her opening statements to the Maryborough Supreme Court yesterday, Catherine Morgan said Derek Neal Marshall did not intend to kill or permanently injure Corey George Muller during a dispute at Scarness on August 1, 2009.
“There was no intention other than to keep an aggressive Mr Muller from causing harm to him or his children,” she said.
However, two witnesses, including alleged attempted murder victim Mr Muller, yesterday told the court that they believed the stabbing was not in self-defence.
Mr Muller said he was visiting his sister's Hillcrest Avenue home with a number of people – including his cousin Kylie (Mr Marshall's ex-partner) – on the night of the altercation.
From 10pm to 1.30am he saw Marshall drive past the house “about 15 times”.
When the car finally stopped in front of the house at about 1.30am, Mr Muller said he and his sister Cassie approached the vehicle and noticed Marshall had his two young daughters in the car. Both girls were from Marshall and Kylie's former relationship.
“He wanted to talk to Kylie,” he said. “But Cassie asked him to leave.”
Mr Muller said when Marshall refused to leave he “thumped” the front of the car with his palms.
“Cassie pushed me back and told me to calm down,” he said.
“I stumbled back.
“I remember the car coming towards me – I thought he was going to run over me at first.
“Then I saw an arm coming out of the window and after that I felt a scratch.”
Mr Muller, who had consumed around 18 standard drinks since 3pm that day, soon realised he had received a potentially fatal stab wound.
Crown prosecutor Greg Cummings said a doctor would give evidence in the trial that the injury “would have been fatal if left untreated”.
During cross-examination, Mr Muller admitted that his memory was not 100% clear but he denied suggestions that he threatened to kill Marshall.
“I suggest to you that you said: “I'm going to kill you, you f***ing dog”,” Ms Morgan said.
“No,” answered Mr Muller.
Mr Muller's older sister Cassie also took to the witness box yesterday and told the court Marshall had visited her house regularly in the months leading up to the alleged attempted murder.
“The first week after they broke up he came looking for Kylie ... trying to find out where she lived,” she said.
“It got to the point where we got sick of the visits ... we told him to stop visiting around June.”
The trial is continuing.
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