Fight to death in remote location

A RICHMOND man killed in the Central Highlands on a cold weekend in 2016 was kicked to the head and had rocks shoved in his mouth, a court has heard.

Russell John Nowoczynski, of Taroona, has pleaded not guilty to murdering Donald William Crow, 39, near Interlaken on June 11, 2016.

A Supreme Court jury in Hobart yesterday heard the two men, who worked together at Tolpuddle Vineyard, near Richmond, had arranged to spend a weekend at Mr Crow’s family shack on the shores of Lake Sorell.

The jury heard the two men had been drinking and were driving along Interlaken Rd on the night of June 11, 2016 when a fight started between them and they got out of Mr Crow’s vehicle.

In his opening address, Director of Public Prosecutions Daryl Coates, SC, said Mr Nowoczynski kicked Mr Crow to the head and shoved rocks into Mr Crow’s mouth.

Mr Coates said had Mr Nowoczynski stopped and thought about what he was doing “he would have known that such violence had a real chance of causing Mr Crow’s death” even if Mr Nowoczynski did not intend to kill him.

Mr Coates said it was the Crown case that while Mr Crow was on the ground unable to defend himself, Mr Nowoczynski kicked and punched Mr Crow with force.

“The forensic evidence will show that the deceased was kicked a number of times, was lying on the ground severely intoxicated and unable to defend himself,” Mr Coates said.

He said Mr Nowoczynski told a 000 operator that Mr Crow had tried to kill him, and later told police: “I did what I had to do. He’s psycho.”

But Mr Coates said the Crown would argue the forensic evidence, Mr Nowoczynski’s admissions and his conduct after Mr Crow’s death were “inconsistent with a person acting in self-defence”.

Mr Nowoczynski’s lawyer Kim Baumeler told the jurors to “keep an open mind” and not be swayed by emotion.

She also urged the jurors to remember where the men were when the fight broke out.

“It’s a very isolated area,” she said.

“It’s important for you to remember that this is a fight in an isolated area [that] arose unexpectedly ... in the middle of a night, in the middle of nowhere. You will have to consider that as well — how people would react in those circumstances.”

Constable Melissa Bartulovic told the court she photographed Mr Crow’s body in the early hours of June 12.

She said Mr Crow’s face was swollen, very red and appeared covered in red liquid. She said there was ice and snow on the gravel road. The jury will be taken today to view the locations mentioned in the case.

The trial before Chief Justice Alan Blow resumes tomorrow.