A magistrate in Fremantle has lifted a suppression order, allowing the reporting of a domestic violence charge against a prominent WA doctor accused of assaulting his wife, human rights lawyer Rabia Saddique.
Key points:
Anthony Jenner Bell denies assaulting Rabia Saddique in Mount Pleasant
The court heard he feared publicity could result in him being stood down
The magistrate ruled suppressing the case was not in the interests of justice
St John of God doctor Anthony Jenner Bell has pleaded not guilty to the aggravated assault of Ms Saddique in Mount Pleasant.
An interim suppression order was in place until this morning, when Magistrate Adam Hills-Wright lifted it.
The court heard Dr Bell had sought the suppression order to prevent his identity from being reported.
Magistrate Hills-Wright said Dr Bell had stated in an affidavit that the complaint against him was made in the context of a separation.
Dr Bell also suggested the allegations were “baseless” and said the complainant had expressed a desire to “ruin his life”.
He said his wife had suggested she would do this by using connections with people in the media.
Dr Bell also stated that reporters had contacted St John of God asking whether his position was under question.
He said his employer was supporting him, but if the matter got into the media, it could lead to him being stood down and he may not be able to see some patients.
Not in interests of justice: magistrate
Magistrate Hills-Wright said Dr Bell was presumed to be innocent.
He said publicity increased the community’s understanding of how the justice system worked, and for a suppression order to be made, the court had to be satisfied there were exceptional circumstances.
While widespread publicity could cause “significant embarrassment”, the court process applied “equally for all”, he said.
Magistrate Hills-Wright said the court was being asked to weigh the potential wider ramifications for patients and institutions.
He told the court suppression was not in the interests of justice.
Dr Bell is scheduled to appear in Perth Magistrates Court next month for a trial allocation date.
Popular Fremantle venue Mojo’s Bar has come under scrutiny in the music community after a Perth band member claimed they were attacked “aggressively” by one of their staff members at Freo.Social at the weekend.
Punk band Body Horrors will allege their lead singer Eden was in the green room on Sunday with a senior Mojo’s staff member when they were verbally abused and shoved by the woman in front of another band member just before midnight.
The band described the alleged incident, which followed their set at the venue on Parry Street, as “childish” and “unprofessional” on their social media page on Tuesday.
“(She) started antagonizing us, clearly intoxicated, aggressively yelling in our faces,” the band’s Instagram story read.
Body Horrors described the alleged incident as “childish” and “unprofessional” on their social media page on Tuesday. Credit: Instagram/Instagram
“Realizing there was no reasoning with someone in such a state, Eden and I tried to leave, twice.
“(She) then physically assaulted them by shoving them against the wall/door before opening the door to leave herself.”
On Tuesday Freo.Social confirmed it was investigating the incident.
“This investigation includes discussions with all parties involved, any witnesses, and reviewing the venue’s CCTV footage,” the venue wrote in a Facebook post.
“We are taking this incident very seriously, and the investigation is ongoing.”
The post claimed no contact had been made with venue management by those making the allegations as of Tuesday evening, and they remained steadfast in their “commitment to creating a safe and supportive space”.
Another local band, Lauren and the Good Fights, has thrown their support behind the Body Horrors band, urging other artists to boycott Freo. Social and Mojo’s Bar.
A WA Police spokeswoman has confirmed a complaint was made, and police will be making further inquiries into the incident.
Freo. Social and the Body Horrors band have been contacted for comment.
Read the full exclusive story at The West Australian
A police probe is underway into whether a woman was chasing two teenagers who were riding an allegedly stolen motorcycle through Perth’s north before a fiery crash that left three people in hospital.
Key points:
The fiery crash occurred in the early hours of Monday morning
Three people were hospitalized after the incident, one in critical condition
Police are investigating whether a woman involved was chasing two teenagers
The WA Police Commissioner today confirmed it formed part of the investigation into the crash, which happened at the intersection of Hepburn Avenue and Amalfi Drive on the border of Hillarys and Sorrento in the early morning hours of Monday.
A car and two off-road motorcycles were stolen in the early hours of Monday morning, according to police.
Shortly after, authorities were called to a major crash between a car and one of the motorbikes and an 18-year-old man riding the bike was rushed to hospital in a critical condition. A 17-year-old boy, who was also on the bike, was taken to hospital in a serious condition.
A 49-year-old woman driving a Toyota Kluger also suffered serious injuries in the crash, after her car rolled and caught fire.
Police commissioner Col Blanch said the focus of the investigation was specifically on finding out whether the woman was chasing the two teenagers.
The blackened wreckage of a Toyota Kluger that was involved in the crash. (ABCNews)
He also confirmed the two bikes were from the same home the woman resided in.
“[The focus will be] how those motorcycles were stolen, who else was in company of the two males who are now in hospital and how the Toyota Kluger came to be there and the manner in which it was driven prior to the crash,” he said.
“I would give a strong message to the community that nothing is worth dying over when it comes to property,” he said.
Col Blanch says the investigation will probe the manner the Toyota Kluger was being driven in prior to the crash. (ABC News: Greg Pollock)
“Often you’ll find the people who’ll put their lives at risk can result in tragedy for other members of the community, they themselves who are taking chase, and I’m not talking about this matter, I’m saying in general , members of the public that chase offenders in circumstances, we have seen it many times … these can end in tragedy for everyone involved, and my view as police is that it’s not worth it.
“Call the police.”
Mr Blanch said any further charges would be laid once evidence is found.
“We have strong oversight from the CCC [Corruption and Crime Commission] in all our investigations and when we have the evidence, we’ll make the appropriate decisions at that time,” he said.
Police at the scene of the horrific crash on Monday. (ABCNews)
The 17-year-old boy has been charged with three offenses including aggravated home burglary and stealing.
He appeared in court via a bedside hearing in hospital on Tuesday.
Perth shivered through a cold snap on Tuesday as the city experienced its coldest day of the year so far.
It reached a top of just 12.4 degrees just before 4pm on Tuesday, blanketing Perth suburbs in an icy blast as the lowest temperature reached 9 degrees.
There has been 10.6mm of rain since 9am with Jandakot receiving the most at 40mm, according to the Bureau of Meteorology.
Perth has already had close to 121mm for the month of August in just nine days and should be on track to bet the monthly average of 122mm.
There is a 50 per cent chance of rain up until 8pm tonight with showers decreasing by 11pm.
Hikers in the State’s Great Southern witnessed snow fall atop Bluff Knoll, WA’s highest peak, in the Stirling Range National Park.
The short snow flurry dusted Bluff Knoll in white as hikers made the trek up the 1090m peak.
It was caused by a cold front that moved across Perth and the State’s south on Monday and Tuesday creating ideal conditions for a light amount of snow to fall on Tuesday morning.
Bureau of Meteorology duty forecaster Jessica Lingard told Perth Now on Monday that a “light dusting” of snowfall was expected in the region.
“We’ve got this cold front moving through today (Monday) and basically the cold front is aligned between two different air masses where you get warmer air in front of it and cold air behind it,” Ms Lingard said.
“I don’t think anybody is going to be building snowmen or skiing, but it will be a very light dusting.”
Snow was recorded at least five times last year in the Stirling Ranges, equaling a record set 53 years ago.
Here’s when and how you can access the Call of Duty: Modern Warfare 2 beta – The AU Review
Activision has recently announced exactly how and when fans can get their hands on the Call of Duty: Modern Warfare 2 beta. And the best news? It’s only a few weeks away.
The beta itself will be available at an earlier date for those who have pre-ordered the game, with two separate weekends providing access to the beta over a couple of days. We’ve outlined them for you below:
weekend 1
Saturday September 17th, 3am AEST until Tuesday September 20th, for both PS5 and PS4 owners who have pre-ordered the game.
Monday September 19th, 3am until Tuesday September 20th, for all PS5 and PS4 owners.
weekend 2
Friday September 23rd, 3am AEST until Monday September 26th for all PS5 and PS4 owners, and for Xbox Series X|S/Xbox One/PC owners who have pre-ordered the game.
Sunday September 25th, 3am until Monday, September 26th, for all console and PC owners.
Call of Duty: Modern Warfare 2 will launch on the PlayStation 5, PlayStation 4, Xbox Series X/S, Xbox One and Windows PC on the 28th of October, 2022.
More to Explore on the AU:
Matthew Arcari
Matthew Arcari is the games and technology editor at The AU Review. You can find him on Twitter at @sirchunkee, or at the Dagobah System, chilling with Luke and Yoda.
The iconic Spare Parts Puppet Theater in the heart of Fremantle has been “condemned” to close, after a decision by the WA government which theater staff claim came suddenly and without warning.
Concerns had been raised about the aging heritage-listed building in Pioneer Park for several years, with the theater company even having to relocate the launch of its Shaun TanRules of Summer show in 2017 while work was carried out to make the theater safe.
Despite this, Artistic Director Philip Mitchell said the state’s decision to close the theater came unexpected.
“There was no warning of the closure of the theater [but] we were aware there were problems with the building,” he said.
“While the heritage building is actually quite sound, the exoskeleton that holds up the theater walls, we understand has come to the end of its life.
“We certainly don’t want to be putting our audience in danger. So the state government has condemned the theatre.”
The heritage building’s theater has been deemed unsafe by authorities.(ABC News: David Weber)
Mr Mitchell said steps had already been taken to try and save the state-owned building, including presenting plans for a new building in 2015.
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Why Perth’s premium puppet performer steals the show
“The government has been very aware of the problems with the building and we have been banging on their door for a number of years to do something about it.”
The upcoming The Secret Garden show and the remaining 2022 season at the theater have been cancelled.
Mr Mitchell said given shows were planned four years in advance, future performances were up in the air.
“We have got a whole theater load of shows ready to go with totally uncertainty about how we’re going to proceed with those new works.”
He called on WA Arts Minister David Templeman to act.
Spare Parts Puppet Theatre’s artistic director Philip Mitchell wants the state government to help. (ABC News: David Weber)
“Right now, we need just a rebuild of the theatre,” he said.
“I’m sure David [Templeman] will come to the party and be the knight in shining armor that we need him to be.”
Quest for new home for puppets
Erin Gauntlett, the acting director general at the Department of Local Government, Sport and Cultural Industries, said closing part of the building was an “incredibly unfortunate” but necessary decision.
“When we get structural engineers saying that it’s a risk to public safety and it’s a risk to performers, the staff and the general public – we were in the very unfortunate position of having to make that difficult decision but a very necessary decision to close that building.”
The theater company was founded to share the magic of puppetry in Western Australia.(720 ABC Perth: Lorraine Horsley)
She said the department had been planning remediation works, but was told last week the repairs wouldn’t be possible.
“When it comes to the time that you’re told that it’s a risk to the safety of the public…we had no choice.”
Ms Gauntlett said the department was committed to working with the company on short- and long-term solutions and all options were on the table.
“We’ll support them through this and that will include financial assistance as well as finding alternative venues for the short term.
“No decisions have been made yet about longer-term decisions.”
WA Arts Minister David Templeman has been contacted for comment.
After a six-week winter recess, West Australian politicians will return to parliament today to start the last half of the sitting year.
Key points:
The priorities include reforms in the wake of Annaliesse Ugle’s death
Improving operations at Perth’s casino will also be high on the agenda
The opposition is keeping the spotlight on recent controversies
Plenty has happened since they last agreed, including another COVID-19 wave and controversies involving the Agriculture Minister and Attorney-General.
Even still, the government insists a cabinet reshuffle is not on the cards, with its focus instead on five priorities for the 33 sitting days ahead.
At the top of their list for reforms are long-awaited changes to WA’s Bail Act, largely in response to the death of Annaliesse Ugle in 2020.
The 11-year-old took her own life after the man accused of sexual assaulting her was released on bail.
The reforms are currently sitting in the lower house and will change the act in a variety of ways, including when a person is charged with child sex offences.
Labor will use its majority in parliament to pass long-awaited changes to WA’s Bail Act.(AAP Image/David Gray)
Once the new legislation is passed, anyone deciding bail in that situation will have to specifically consider a number of factors, including the “physical and emotional wellbeing” of the child victim.
Another provision will mean that where a child victim raises concerns about their safety and welfare if the accused is not kept in custody, the person deciding bail must be presented with that information by the prosecutor and take it into consideration.
When he introduced the bill into parliament, Attorney-General John Quigley said it struck the right balance “between elevating the voices and concerns of child victims of sexual abuse and maintaining the precepts of our justice system”.
Crown Perth reforms also high priority
It has been around five months since the WA government was handed the Crown Casino Royal Commission’s final report, containing 59 recommendations on how to clean up money laundering, criminal infiltration and problem gambling.
The first swathe of laws designed to start chipping away at those recommendations are yet to pass parliament but are on the priority list.
The reforms are aimed at tackling money laundering and problem gambling at Perth’s casino.(ABC News: Hugh Sando)
The bill is also still in the lower house, having been introduced just before parliament broke for the winter break.
Once passed, it will establish an independent monitor who will oversee the casino for a two-year remediation period, as recommended in the report.
Questions have been raised about the utility of that monitor though, with one gambling researcher raising concerns the casino would return to “business as usual” at the end of that two-year period.
The bill will also increase maximum penalties under the Casino Control Act from $100,000 to $100 million, and allow the minister to appoint an independent chair of the Gaming and Wagering Commission.
While there are more than a dozen other bills currently on the books for MPs to consider, the government is particularly keen to see three of them pass soon.
One will implement recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse by requiring about 4,000 organizations to report allegations or convictions of child abuse.
The WA government is keen to push through a bill to provide greater protection to child abuse victims.(abcnews)
That is on the list to be debated in the upper house this fortnight, and once passed will also give the state’s ombudsman oversight of how those organizations handle child abuse complaints and allow for independent investigations.
Another bill will provide greater protection for owner-drivers and other small businesses in the road freight sector, including minimum periods for contract termination.
Finally, there’s a bill to allow for the construction of a number of Metronet projects along the Armadale Line, including removing level crossings and raising tracks, and extending the line to Byford.
Metronet projects along the Armadale line will benefit from the proposed legislation.(Supplied: WA Government)
Opposition piles pressure on ministers
While that is what the government wants to focus on, the state opposition is keen to keep the pressure on a number of ministers who have been in the headlines for the wrong reasons over the winter break.
Among them is Alannah MacTiernan, who apologized after what she described as “clumsy” comments about foot and mouth disease, including that if it landed in WA it could make domestic milk and meat cheaper.
Then there is Mr Quigley, who had to correct evidence he gave in the defamation case between Mr McGowan and Queensland mining magnate Clive Palmer earlier this year.
It led to Justice Michael Lee describing Mr Quigley’s evidence as “all over the shop”, although he did make the point that “being a confused witness is a quite different thing from being a dishonest one”.
Justice Michael Lee described John Quigley’s evidence as “confused and confusing.”(ABC News: Eliza Laschon)
Even still, it prompted Deputy Liberal Leader Libby Mettam to yesterday label Mr Quigley a “lame duck.”
“But fair questions could be asked of other members and ministers in the McGowan government cabinet,” she said.
Opposition Leader Mia Davies also piled on the pressure.
Mia Davies says several WA ministers have fallen short of the public’s expectations in recent weeks.(ABC News: Keane Bourke)
“The Premier has an Attorney-General that is confused and confusing, an Agriculture Minister who has lost the confidence of the industry, a Health Minister that has overseen the highest ever ambulance ramping in the state, and a Housing Minister with no housing,” she said.
“It just doesn’t add up when you consider the strength of numbers Labor have in the parliament and the wealth the Premier has at his fingertips as Treasurer.”
Metronet ‘behind schedule and over budget’
Ms Davies said the opposition would also “maintain its focus on a Labor Government that is failing to deliver on promises made to the people of Western Australia”.
“Their major project, Metronet, is behind schedule and over budget, and the cracks are starting to emerge in cabinet as the emergency of COVID diminishes and the spin and rhetoric from the government starts to wear thin with the public,” she said.
But the opposition will also have to contend with its resources being pulled in multiple directions, as the North West Central by-election to replace former Nationals MP Vince Catania approaches.
Now that he has officially handed in his resignation, a date for the poll will be set — expected to be sometime in mid-September.
It creates a tricky situation, with both opposition parties competing for the same votes.
Long-serving Nationals MP Vince Catania has handed his resignation to the speaker of Western Australia’s Legislative Assembly, officially triggering the process of holding a by-election.
Key points:
Vince Catania announced his retirement two months ago
But the by-election process couldn’t start until he handed in his resignation
It creates an awkward situation for the Liberal-National alliance
It is expected the poll to replace him in the seat of North West Central will be held around the middle of next month, possibly on September 17.
A date will be formally decided when the WA parliament sits on Tuesday for the first time after its winter recess.
Both the Liberal and National parties have announced their candidates, but it is unclear whether Labor will contest the seat.
The long-serving Nationals MP announced his retirement nearly two months ago, saying he did not “have anything left in the tank.”
However, he did not officially resign at the time, as most politicians do, in a move described as “most unusual” by political commentator Peter Kennedy.
Vince Catania has held the seat since 2008.(ABC Pilbara: Laura Birch)
When asked about the delay, a spokesperson for the WA Nationals said it had always been Mr Catania’s plan to retire in early August.
“[He] continues to be committed to his role as the member for North West Central until this time,” the spokesperson said.
North West Central is WA’s geographically largest electorate, taking in towns such as Carnarvon, Coral Bay and Exmouth.
Mr Catania has held the seat since 2008, after initially being elected to the upper house in 2005.
The Nationals were the first to announce their candidate for the by-election, selecting local publican Merome Beard.
Merome Beard is the Nationals candidate for the seat of North West Central in WA. (Facebook: Merome Beard)
A post on Ms Beard’s Facebook page shows she will officially launch her campaign on Friday, in an event that will also be used to farewell Mr Catania.
Other posts show Mr Catania will join Ms Beard, who used to work in his office, at a number of “mobile office” meetings across the region.
A qualified urban and regional planner, Will Baston will stand as the Liberal Party’s candidate.
Will Baston has thrown his hat into the ring for the Liberals.(ABC News: Kate Ferguson)
He has also worked as a consultant on “conservation and economic development outcomes for outback and regional Western Australia”, according to the Liberal Party.
It is understood the Greens will also field a candidate, to be announced on Wednesday.
Awkward contest for opposition alliance
The by-election creates an awkward situation for the Liberal-National Alliance, with both sides having to compete for votes.
However, Deputy Liberal Leader Libby Mettam said yesterday that her party’s interest was “not in competing and fighting against the National Party.”
Libby Mettam says the Liberals are not trying to compete with the Nationals.(ABC NewsClaire Moodie)
“We will be leading and campaigning in support of Will Baston, our Liberal Party candidate, and we hope that either Will Baston or the Nationals candidate will be elected,” she said.
“Our position as the party representing all of Western Australia is to be giving people the option to vote for the Liberal Party and vote in a strong candidate, which is Will Baston.”
An even more awkward result would be if the Liberal Party won the seat, leaving both it and the Nationals with an equal number of members in the Legislative Assembly.
It is a situation understood to be unprecedented, with no clear way of deciding who becomes the Opposition Leader, leaving the parties to negotiate an outcome.
If that eventuated, the Liberals would likely have the upper hand, given they have more members in both houses of parliament than the Nationals.
However, that is an unlikely result, given the Liberal Party received just 7.9 per cent of first preference votes at the last election, compared to the Nationals’ 39.7 per cent.
The Nationals currently hold the seat on a slim margin of 1.7 per cent, or 259 votes.
Labor yet to show its hand
Labor is yet to announce whether they will field a candidate.
There is a sense though that there would be little purpose in the party doing so, given they already hold 53 of the 59 seats in the lower house.
Last month, Mr Kennedy said Labor could “stand back and let the Liberal Party and the National Party fight it out, and it won’t make any difference to the overall numbers in the Legislative Assembly”.
That is in addition to the fact by-elections are rarely won by incumbent parties, although the effect of Premier Mark McGowan’s popularity could work against that trend.
A wintry mix of hail, blustery thunderstorms and even snow flurries is on the cards for Western Australia, as the south-west corner of the state, including Perth, braces for what could be its coldest day of the year so far.
Key points:
Temperatures are expected to plummet in WA’s South West on Tuesday
The weather system could also bring strong winds and hail to parts of WA
Bluff Knoll in the Stirling Ranges could get a dusting of snow
A gusty cold front reached Perth just before midday on Monday, and is set to sweep over the remainder of the South West Land Division, reaching Geraldton to Hopetoun this evening.
While this event is not likely to be as strong or prolonged as the system that hit WA last week, causing record wind gusts in some places, it is still expected to pack a punch.
Cape Leeuwin and Ocean Reef have already recorded wind gusts nearing 90 kilometers per hour.
Trees and power lines were brought down by a storm that hit Perth last week.(Supplied: Rowan Newton)
Hail could impact large swathe of state
Bureau of Meteorology senior forecaster Caroline Crow said the initial cold front would be followed by a pool of cold air on Tuesday, which would send maximum temperatures plummeting and bring hail to a large area of the state.
David Zander from Parmelia said it hailed at their house last Tuesday morning.(Supplied)
“Coming into tomorrow there will be potential hail though the South West Land Division from about Jurien Bay to Lake Grace to Esperance,” she said.
“Broadly speaking, it’s the coldest outbreak for the south-west of the state that we’re looking at for this season so far, given the region of hail potential which is quite far inland.”
SES officers were kept busy with calls for help from residents across Perth last Tuesday and Wednesday.(ABC News: Nic Perpitch)
She said maximum temperatures would generally be between two and six degrees Celsius lower than average on Tuesday, with temperatures in the Great Southern region struggling to reach the low teens.
“The Great Southern and south coastal district is looking at temperatures around 10C to 12C,” she said.
“And from Bunbury into inland parts of the South West Land Division, all the way to the south-east coastal district around that 12C mark.”
Perth is also forecast for cooler-than-normal weather, with a maximum of 15C expected in the city and 14C in Mandurah.
The coldest day of the year so far in Perth was on July 17, when the temperature peaked at 14.2C.
In Katanning, the coldest day was on July 30 when the mercury reached just 11.1C, Mount Barker’s chilliest day was on August 3 (11C) and Bunbury’s coldest day was on July 30 (13.9C).
The weather is not expected to get as wild as it did last week, when a tree branch pierced the roof of this Mt Helena home.(ABC News: Nic Perpitch)
Bluff Knoll could get more snow
Ms Crow said the cold blast could mean snow on Bluff Knoll, in the Stirling Ranges, for the second time in a fortnight.
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“It might get cold enough tomorrow to see a little bit of snow up Bluff Knoll, early in the morning around 4am to 5am through until midday,” she said.
“It’s more likely to be flurries rather than really settling on Bluff Knoll.”
One weather app, Windy, has even forecast the chance of light snow on the Perth Hills early on Tuesday. However Ms Crow said that was unlikely.
“The darling scarp doesn’t have a freezing level low enough or cold enough to get a dusting of snow like Bluff Knoll,” she said.
‘Unseasonal’ rain for northern parts of WA
It’s not just the south of the state expecting a wintry blast.
Ms Crow said a band of cloud was starting to thicken up over western Pilbara and central WA, which would likely bring showers by mid-week.
“Come tomorrow, we will start seeing the potential for showers and patchy rain out of it,” she said.
“And then coming into Wednesday the eastern parts of the Pilbara and into the interior could get falls of 10 millimetres, with isolated showers up to 20mm.”
Ms Crow said the showers were unusual for this time of year, with the north of the state currently in the middle of its dry season.
She said there would also be cool temperatures for the region.
“It looks like underneath that cloud, band temperatures could be four to eight degrees below average,” she said.
Miserable weather forecast for Perth
Tuesday: Min 7C, Max 15C, Very high chance of rain
Wednesday: Min 7C, Max 18C, High chance of rain near the coast
Thursday: Min 5C, Max 18C, Partly cloudy
Friday: Min 7C, Max 20C, Mostly sunny
Saturday: Min 11C, Max 20C, Very high chance of rain
Sunday: Min 11C, Max 21C, Very high chance of rain
A 58-year-old Perth man armed himself with a large knife and tried to kill his wife after becoming angry at her for ending their 35-year relationship and taking out a restraining order against him, the WA Supreme Court has been told.
Key points:
The court was told the woman’s adult son rushed to protect her
She suffered injuries to her hands, including a ruptured tendon
The accused man denies he tried to kill her
The man, who the ABC has chosen not to name, is on trial accused of attempting to murder his wife as she lay sleeping the room of her Beeliar home, with her four-year-old granddaughter beside her, just after midnight on September 25 , 2020.
The court was told the couple’s adult son, who was staying with his mother to protect her, heard his mother’s cries for help and rushed into the bedroom.
He managed to grab his father in a bear hug and eventually forced him to drop the knife, while the woman called the police.
She had suffered injuries to her hands, including a ruptured tendon, because she grabbed the knife when her husband jumped on top of her, after entering the bedroom and turning on the light.
State Prosecutor Brett Tooker said the man had been holding the weapon at his wife’s chest while yelling things like “you’re dead, I’m going to kill you.”
The woman ended the relationship with her husband after he started drinking and psychologically verbally abusing her.(ABC Far North: Holly Richardson)
Mr Tooker said the problems in the relationship started in about 2017, when the accused man started drinking alcohol heavily and mixing it with prescription medication.
The court heard the man first physically assaulted his wife in early 2018, when he put his hands around her neck, but she decided not to call the police because he promised not to do it again.
‘You better sleep with one eye open’, wife told
However, Mr Tooker said the man continued to verbally and psychologically abuse his wife who, by mid-September 2020, decided to end their relationship.
Mr Tooker said the woman told her husband to move out, but days later when he was still living at the house, police were called after she rejected his sexual advances and he said to her “you better sleep with one eye open because you’re not going to see the morning”.
He also looked at his wife and made a motion like slitting his throat before continuing to act in an intimidating way towards her.
An order banning him from the home for 72 hours was made but the court heard the man returned in the early hours of the morning and said to his wife “you don’t know how much I could get you”.
The woman then obtained an interim family restraining order which was served on her husband on September 24.
‘Spark that lit the fuse’
Mr Tooker said it was the prosecution case that “was the spark that lit the fuse” and nine hours later the accused man drove to his wife’s house armed with the knife.
The man is also charged with threatening to kill his son for allegedly saying to him, after he had restrained his father, “let me go… I can kill you as well”.
The accused man denies both charges.
His barrister, Simon Freitag SC said there was no dispute his client had made some “terrible decisions” and that he had ended up “ranting and shouting” at his wife while holding a knife.
However, Mr Freitag said the man maintained he had only wanted to scare his wife, with whom he was “trying in a very silly way” to communicate with.
“He was trying to get his point across in a drunken, stupid method and using a knife for emphasis as a tool of fear,” Mr Freitag told the jury.
The man’s lawyer says he did not intend to kill his wife. (ABC Capricorn: Katrina Beavan)
He also said that while it “sounded harsh”, the man could have succeeded in killing his wife if that was what he had intended.
“She was in a very vulnerable position… she didn’t see the knife until he turned on the light,” Mr Freitag said.
Mr Freitag said the man did admit causing injuries to his wife’s hands, but he denied had intended to cause her death.
“It’s a crime of causing grievous bodily harm, not of attempted murder,” he said.
