Lawyer questions whether witnesses moved body of alleged Summerhill stomping murder victim

Forensic officers at Kerry Court in December, 2016.
Forensic officers at Kerry Court in December, 2016.

A defence lawyer has questioned the involvement of two witnesses to an alleged stomping murder at Summerhill.

Cameron Tattersall was cross-examined by barrister Greg Richardson on Thursday, during a trial into the death of Peter “Fitzy” Fitzgerald, who drowned in his own blood after an alleged attack in December, 2016.

Anthony Colin Finnegan, who was friends with both Mr Tattersall and the alleged victim, has pleaded not guilty to murder.

The trial has heard the accused and his alleged victim had been drinking together, along with Mr Tattersall, before getting into an argument, which ended with Mr Fitzgerald allegedly being stomped and kicked to death.

Mr Richardson pointed out differences between Mr Tattersall’s evidence in court and what he told police in 2016.

During the trial he claimed another friend, Sean Watkins, was at the alleged victim’s home on the night he died.

Mr Richardson said the witness had told detectives a different story, claiming he did not remember anyone else being with him at the unit when he called triple zero.

“Was it the case that before you spoke to police, Mr Watkins had asked you not to tell police or others that he was with you at the Kerry Court address,” Mr Richardson asked.

“He did say something sort of like that, a little bit,” Mr Tattersall replied.

“You’re agreeing that Sean asked you to leave him out of the picture,” Mr Richardson continued.

“Yeah … the whole thing is a bit of a blur,” Mr Tattersall said, claiming to have been in shock after the incident.

Mr Richardson suggested Mr Tattersall and Mr Watkins had stolen $1500 from the alleged victim when they were at the unit, and questioned whether the pair had “done anything physically” to Mr Fitzgerald before calling an ambulance.

He asked if they had moved the body, to which Mr Tattersall said “no”.

Mr Richardson suggested the alleged victim had “threatened” Mr Tattersall earlier in the night before he died.

“When Mr Fitzgerald and Mr Finnegan were leaving … saying they were going to buy more alcohol, did Mr Fitzgerald say these words to you ‘if you touch anything I will kill you’,” Mr Richardson asked Mr Tattersall.

“He was probably being a bit boisterous, but he didn’t say that … when Fitzy got drunk … he raised his voice,” he replied.

The court heard the witness was on medication, which made it difficult for him to recall details from the night and he struggled to answer questions from the defence.

Still questioning him about the night of Mr Fitzgerald’s death, Mr Richardson probed Mr Tattersall about the drunken arguments said to have been had at the unit.

Mr Tattersall had claimed he tried to break up a fight between the accused and the alleged victim.

But Mr Richardson suggested it was Mr Tattersall who was fighting with the alleged victim and his client had tried to break it up.

“Anthony attacked Fitzy and killed Fitzy,” Mr Tattersall said.

“The whole night I was sitting on that … couch.”

“Did you punch anybody that night,” Mr Richardson asked.

“No,” Mr Tattersall replied.

“Anthony stomped Fitzy in the head.”

Mr Richardson continued, asking “did you stomp Fitzy in the head”, which Mr Tattersall denied.

“When Mr Fitzgerald was on the ground, were you laughing,” Mr Richardson asked.

“No,” Mr Tattersall responded.

The trial before Justice Michael Brett continues.

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