TWO men accused of murder could be found guilty even if the jury is only satisfied that they ought to have known that the alleged attack on Ravenswood man Scott Rock was likely to result in his death, a Launceston court has heard.
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Sean Timothy Hudson, 37, and Neville Lindsay Whiting, 32, are alleged to have murdered 43-year-old Mr Rock by kicking or stomping on his head as he lay on the road at Mornington Drive, Ravenswood, on March 29 last year.
Both men have pleaded not guilty to the crime.
Crown prosecutor John Ransom told the jury at the Supreme Court in Launceston this morning that they had heard enough evidence in the ten-day-long trial to prove that the deliberate actions of one or both of the accused resulted in Mr Rock's death; that the men intended to kill him or at least intended to assault him in circumstances where they ought to have known it was likely to cause death; and that the men were either working together to kill Mr Rock or one aided or abetted the other's crime.
In interviews with police, which were played in court this week, both accused blamed the other for the fatal blows.
Mr Ransom said the forensic evidence supported Mr Hudson's account - in which he punched Mr Rock, Mr Rock fell to the ground and Mr Whiting then stomped on his head and hit him with a bag containing a six-pack of beer.
Mr Whiting's account was that he had stood by while Mr Hudson and Mr Rock fought, Mr Rock fell to the ground, and Mr Hudson then kicked him three or four times to the face.
His lawyer, Charmaine Gibson, told the jury they could infer from Mr Whiting's reserved manner in his interview with police that he may have underplayed the fight between the other two men, and those overlooked details could explain Mr Rock's injuries.
Ms Gibson said her client was guilty of being an accessory after the fact to murder, for helping to move the body and then dumping it on his own near Hollybank Forest Reserve, where it was found partially burnt six days later.
But she said he denied lighting it on fire.
Mr Hudson's lawyer, Mr Hall, said the reason Mr Whiting went alone to dump the body was that he alone was responsible for Mr Rock's death.
The trial continues.
