Alleged first blow in attempted murder was with machete
THE FIRST blow by an alleged attempted murderer on his alleged victim was to the head from behind and with a machete, a court heard.
That is what the jury heard in the trial of Daniel John Shields in the Supreme Court in Rockhampton this morning.
Mr Shields has pleaded not guilty to attempted murder, and not guilty to an alternative charge of malicious act intended to cause grievous bodily harm.
His alleged victim - Raymond Jarvis - has started giving evidence about the lead up to the incident in Gracemere on February 6, 2019, and what his recollection of what happened that day.
Crown prosecutor Joshua Phillips described the incident as 'cowardly' due to the first alleged strike coming from behind as Mr Jarvis walked back to his front door, and said that Mr Jarvis "was in a fight for his life".
A photograph of Mr Jarvis was shown to the jury during Mr Phillips' opening address.
In it, Mr Jarvis is not wearing a shirt, has blood dripping from his head to his torso and a towel is slumped on the right hand side of his body, with his right arm drenched in blood.
Mr Phillips said this was the scene the first responders attended.
He said Mr Jarvis sustained a wound to his right armpit, so large the vascular surgeon who repaired the injury noted he could fit his fist in it.
Mr Phillips alleged Mr Shields attended Mr Jarvis's Thora St residence as Mr Jarvis was cooking dinner that afternoon.
Mr Jarvis told the court he heard a commotion outside, which sounded like bins being thrown and someone yelling, so he went to check it out.
He said when he saw it was Mr Shields, he understood him to be yelling that he (Mr Jarvis) had ruined Mr Shield's life.
"That I was selling speed to school kids," Mr Jarvis said.
"And he called me a fat c---.
"He was on the road in front of my place with a wheelie bin in his hand.
"His car was parked a house up, across the road, in my street.
"I told him to f--- off.
"He stopped and looked at me … stared … then he walked off.
"I assumed he was going to his car."
Mr Jarvis claimed he turned back to go inside and then heard footsteps running up behind him when he was about five metres from his door.
"I heard a ting on the back of my head," he said.
Mr Jarvis said he felt blood on his head and then saw Mr Shields holding a machete in his hand.
"I've gone 'what the f---," he said.
Mr Jarvis testified Mr Shields was standing there with the machete and said "I'm going to kill you, c--."
He claimed Mr Shields then attempted to stab him with the machete, using upward motion thrusts.
"I knew I couldn't turn because at that point I was up against a fence at my door," Mr Jarvis said.
"There was a stick beside … I didn't have time to raise the stick."
Mr Jarvis claimed he used the 'stick', which was a fence paling about 1.5 metres, to block the machete before he felt it hit his arm.
"I dropped the stick," he said.
Mr Jarvis claimed after his "arm popped", he focused on the machete, using his left arm to grab the hand Mr Shields allegedly had the weapon in.
"We struggled," he said.
"Somehow it's (the machete) cut his arm."
Mr Jarvis claimed the machete ended up on the ground and he jumped on top of it to stop Mr Shields getting it and continuing to use it against him.
He alleged he laid on top of the machete and Mr Shields stood on his back and demanded the machete be returned to him to "finish" Mr Jarvis "off".
Mr Jarvis alleged his teenage son came out of the house and asked if he needed help and Mr Shields left the scene in his car.
Defence barrister Scott Moon said the central issue wasn't that Mr Jarvis had been injured, nor that Mr Shields attended the address, but the issue was what Mr Shields's intent was when he attended Mr Jarvis's residence that afternoon.
He said the crown must prove Mr Shields intended to attempt to kill Mr Jarvis for the jury to find him guilty of that charge, or he intended to cause Mr Jarvis permanent injury.
The trial continues.
It is expected to run for two to three days with at least six witnesses to take the stand.