Jury urged to clear alleged murderers
A JURY is expected to retire tomorrow to decide whether two men are guilty of murdering a Central Queensland father.
Since the first day of the trial, defence barrister Tony Kimmins has maintained that Trevor Spencer, 73, should be found guilty of manslaughter, not murder.
Mr Spencer and Stephen Peter Crump stand accused in the Brisbane Supreme Court of murdering Gary Ryan, 43, at his Mundubbera property on August 23, 2016.
The pair have pleaded not guilty.
Throughout the trial it has been alleged that Mr Spencer, with another man who cannot be named, stabbed Mr Ryan and Mr Crump was the "getaway driver".
During his final address to the jury on Tuesday, Mr Kimmins stressed that his client, who has 60 per cent hearing loss and bad knees, had no motive to kill Mr Ryan (pictured).
Mr Kimmins said while Mr Spencer was present, he had no knowledge that the other man was intending to go there and kill Mr Ryan,
He told the court that Mr Spencer, who had a deep wound to his hand in the aftermath of the attack, got the injury after he fell onto a pile of tyres at the property.
"He saw Gary Ryan hit with a sword ... he then went to the ground ... he didn't see what else happened there," Mr Kimmins said.
Defence barrister Robert East also argued that while there was no doubt that Mr Crump was involved - "the real issue is to what extent was he involved?"
"There is no evidence that the prosecution can point to proving Stephen Crump was aware of any pre-planning …" he said.
Mr Ryan was found with almost 60 cut and stab wounds in what Crown prosecutor Danny Boyle alleged was a "planned and calculated" attack.
Justice Martin Burns is expected to give his final statements to the jury tomorrow.