A RAVENSWOOD man was allegedly killed by three strangers after their vehicle collided with a wheelie bin on the street outside his house, the Supreme Court in Launceston heard yesterday.
But lawyers for two of the accused say their clients had nothing to do with the death of 31-year-old Nathan Woolley in December last year.
Andrew John Semmens, 27, of Perth, Adam Jacob Shepherd, 21, of St Leonards, and Nathan Patrick Mayne, 24, of Newnham, are on trial jointly charged with killing Mr Woolley by allegedly hitting him in the head with an axe handle four days before Christmas.
He died in the Royal Hobart Hospital on Christmas Day.
They are each facing additional charges relating to the earlier alleged assault of another Warring Street resident, Michael Colin Brooks, damage to Mr Brooks's property arising from the alleged smashing of his windows, and a further count of assault relating to Mr Woolley's brother, Grant Leigh Woolley.
Mr Mayne pleaded guilty on Tuesday to assaulting Mr Brooks, and Mr Shepherd admitted assaulting Grant Woolley.
However, both men and Mr Semmens have pleaded not guilty to all remaining charges.
In his opening address yesterday, Crown prosecutor John Ransom told the court the trio and a fourth man - turned Crown witness - were in a four- wheel-drive being driven by Mr Semmens along Warring Street at 10.30pm on December 21.
Mr Ransom said the vehicle struck a wheelie bin in the street, causing Mr Brooks to walk out on to his landing to see what had happened.
The trio then got out of the vehicle, according to Mr Ransom, and allegedly attacked Mr Brooks - Mr Semmens armed with the axe handle which he allegedly used to smash several windows as they returned to the vehicle.
Mr Ransom said Mr Semmens then drove across the road and pulled up on the nature strip separating Mr Woolley's house and his neighbour's.
Mr Woolley and his brother walked out the front to see what was happening, the prosecutor said, at which point Mr Semmens shouted "are you putting sh-t on my car, c---?".
"Mr Semmens and Mr Shepherd grab Mr Woolley and a forceful blow is then delivered to the top of Mr Woolley's head with the implement," Mr Ransom told the jury.
"Shortly after, Grant Woolley - who's trying to get to his brother to help him - is also struck."
Mr Ransom alleged the men then left the scene in the vehicle and travelled to The Empire Hotel in Launceston, where they were involved in a dispute over the type of beer they were buying and "things were said".
As a result, two bottleshop employees will be among those called to give evidence during the course of what is expected to be a month-long trial.
Mr Ransom summed up by telling jurors they had to focus on whether the trio shared "some kind of common purpose" in the alleged incidents of the evening.
"It is the State's case they did," he said.
"Ladies and gentlemen, the underlying theme is that all the men were acting in concert with each other, united in theme and intent."
Defence counsel is more limited by the law as to what can be said in opening addresses.
Mr Semmens's lawyer, Greg Richardson, did not elect to make one.
Adrian Hall, representing Mr Mayne, told the court his client was in no way responsible for Mr Woolley's death.
"He was present but at no stage touched what is said to be the murder weapon, or encouraged Mr Woolley be struck with it, and he denies he ever held Mr Woolley while he was struck," Mr Hall said.
There was, he said, no common purpose involving Mr Mayne, who was "in the wrong place at the wrong time".
Mr Shepherd's lawyer, Geoff Stephenson, told the court his client's defence would be "very much along the same lines as Mr Mayne's".
He said this was no case of the Three Musketeers - and the Crown's suggestion his client fits in that category was as fictional as the musketeers themselves.
"(Mr Shepherd) wasn't even out of the car when the blow that tragically killed Mr Woolley (was struck)," he said.
Jurors spent the remainder of yesterday looking at photographs relating to the investigation, with Tasmania Police officers acting Sergeant Mark Forteath and First-Class Constable Phil Midson on the stand.
The trial continues this morning with jurors to be taken to the scene of the alleged murder.
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