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Connor Morris trial: Court hears closing submissions

Author
Gia Garrick,
Publish Date
Thu, 13 Aug 2015, 5:55pm
Connor Morris and Millie Elder Holmes
Connor Morris and Millie Elder Holmes

Connor Morris trial: Court hears closing submissions

Author
Gia Garrick,
Publish Date
Thu, 13 Aug 2015, 5:55pm

The trial for the murder of Connor Morris was set down for three-to-four weeks, but it might end in two.

The prosecution and defence spent today summing up their cases for the jury.

Crown lawyer David Johnstone says it all comes down to the moment when Michael Murray struck Mr Morris in the back of the head with a garden sickle, that he had grabbed from beside his house.

“Never, in the circumstances which Mr Murray had in his mind, could it have been reasonable for him to aim the pointed tip of a weapon... at the head of another human being,” he said.

He said Mr Murray took two or three steps before he struck, he didn't pause, and he used a degree of lethal force that was beyond reasonable in a bare-handed fight.

“Mr Murray must have either intended to kill Mr Morris, or he must have intended to hurt him in a way that he knew was quite possibly causative of death.”

The defence however, believes it was the circumstances leading up to that moment that caused Mr Morris’ death.

“What has gone on before that point, that is what formed the fear and assessment made in Michael Murray’s mind at that point of impact,” said defence lawyer Marie Dyhrberg.

Michael Murray took the stand on Tuesday, telling the court he only swung the sickle in the direction of Mr Morris to defend his brother.

He said he yelled at Mr Morris, who is described as a big man wearing Head Hunters clothing, to leave his brother alone - but he didn’t.

Marie Dyhrberg said it was clearly an action to defend his brother.

“Mr Murray never intended to kill Connor Morris. It’s not that kind of case,” said Ms Dyhrberg.

“He didn’t mean to cause bodily injury that he knew to be a likely cause of death.”

Marie Dyhrberg told the jury that if they decide Mr Murray did not act in self-defence of his brother, they should only then consider manslaughter.

The judge will sum up when court resumes at 10 tomorrow morning, then the jury will retire to consider its verdict.

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