Members of a Wagga District Court jury will on Friday start deliberations in the case of an alleged armed robbery in which prosecutors claim a woman was struck on the head with an ornamental sword.
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The Crown Prosecutor on Thursday completed presenting evidence in the trial of Mount Austin man Duane Mark Ashton, 41, who on Tuesday pleaded not guilty to one charge of robbery with an offensive weapon.
Leading Senior Constable Michael Lindner, of Wagga Police Station, resumed his testimony relating to the investigation he led into allegations that Mr Ashton robbed a woman in her Ashmont home.
Mr Ashton was charged with stealing a non-sharp sword, $1000 in cash and two mobile phones from the 28-year-old woman and her male friend after allegedly hitting her in the head with the handle of the same sword between 12:01 and 12:41am on March 15 last year.
In an interview with police, Mr Ashton denied he committed robbery or struck the woman, saying he visited the woman with his girlfriend and another female friend to buy 'ice' or methylamphetamine and inject some of the drug.
Under the Crown Prosecutor's questioning in court on Thursday, Senior Constable Linder said he obtained a warrant for stored communications from Mr Ashton's mobile provider and was given a list of texts and their contents that were kept by the network even if they were deleted from a mobile phone.
The records showed Mr Ashton's phone received two text messages within six seconds of each other at 12:36am from the phone of the female friend who accompanied him to the Ashmont home.
The first message said "kick it off" and the second said "he won't say s---".
CCTV footage at the home showed Mr Ashton, his girlfriend and the female left five minutes later.
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Under cross-examination from Mr Ashton's barrister, Roland Keller, Senior Constable Linder agreed that the stored communications report did not show which person actually sent the messages, when they were deleted or by whom, and did not state whether the messages were opened and read.
In her closing statement, the Crown Prosecutor said there was "no other reasonable inference" from the deleted messages but to find that they were sent to instigate the robbery at the Ashmont home.
Mr Keller told the jury there were "weird" inconsistencies in the alleged victim's testimony, gaps in the CCTV footage she provided to police, and doubts over $1000 in cash being at the house.
"These are small pieces but they fill in the jigsaw puzzle: was there ever a robbery?" Mr Keller said.
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