An Ashmont man is facing trial for attempted murder after he stabbed a man in his early 20s during an incident last May.
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Daniel Bruce Boyton, 25, is facing one charge of wounding Robert Fitzgerald with intent to murder and a back-up charge of wounding with intent to cause grievous bodily harm in Wagga District Court.
He is also charged with attempting to pervert the course of justice after he allegedly enlisted someone to discourage Mr Fitzgerald from giving evidence.
On Wednesday, Judge Gordon Lerve said it was agreed that Mr Boyton did in fact stab Mr Fitzgerald, but his intentions were the key question.
“There’s no doubt that the accused, on his own evidence, was responsible for that wound,” Judge Lerve said.
“The issue, in respect of count one, is if the Crown can prove there was an intention to kill.”
Crown prosecutor Paul Kerr said Mr Fitzgerald, who survived the incident, gave evidence that Mr Boyton had threatened to kill him moments before the stabbing.
“Mr Fitzgerald says they were sitting at the table talking, Mr Boyton intentionally or otherwise smashed a glass pipe on the table, and Mr Fitzgerald told him in no uncertain terms to pick it up,” Mr Kerr said.
“Mr Fitzgerald said Mr Boyton left the room, shortly after came back, heard footsteps behind him, turned in the chair almost to face Mr Boyton at which time Mr Boyton stabbed him.”
However, senior counsel for the defence Sharyn Hall said the lack of blood in the kitchen in question brought that version of events into question.
“One might have to seriously question the extent to which [Mr Fitzgerald’s] evidence can be relied upon because of the complete and utter absence of any blood at all in that dining room and kitchen,” Ms Hall said.
“There is absolutely not a skerrick, not a drop of blood.”
Earlier in the trial, Mr Boyton claimed he was “fried” on drugs and “blacked out” during the stabbing, an account which Mr Kerr said was fictitious.
“He’s made up a story while he’s in jail to get him out of this situation he’s in,” Mr Kerr said.
“Saying he was ‘fried’ and he ‘blacked out’ at the particular moment he needed to black out at – the Crown says that is just a work of fiction.”
Judge Lerve is due to deliver his verdict in the matter on Thursday morning.
The trial continues.
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