Court told of argument
Trial hears murder accused complained about gay porn
A DISABLED pensioner and the man accused of his murder had fought over drinking and gay porn being watched in a lounge room, a court heard.
Terrence Steven Arthur Barallon has pleaded not guilty to murdering Robert Duffy, 62, whose body was found in his Mooroobool home with a belt around his neck and a wad of tissue down his throat.
Mr Duffy’s injuries included a fractured skull and ribs and blunt force trauma to his head and chest.
Police discovered his body bound and gagged in the en- suite of the Dodd St property in February last year.
They also found tape across his nose and cords had bound his neck, body and hands.
Mr Barallon, 45, lived with Mr Duffy and acted as his carer.
During a committal hearing in Cairns Magistrates Court, a friend of the defendant, Sebastian Di Bella, gave evidence Mr Barallon and Mr Duffy argued in “the last two weeks before the sh*t went down”.
Mr Di Bella said Mr Barallon was unhappy Mr Duffy was “drinking all the time” and “every time he’s (Mr Barallon) come home there’s gay porn on the TV in the lounge”.
Mr Di Bella said that Mr Barallon did not like that Mr Duffy kept his (Mr Barallon’s) dog inside the house, despite telling him numerous times to leave her outside.
Forensic pathologist Dr Paul Botterill, who examined Mr Duffy, told the court there were “a number of different possible and reasonable causes of death, one of which is asphyxia”.
He added that the other injuries also could have resulted in death.
Barrister Josh Trevino asked if Mr Duffy’s heart disease could have killed him.
Dr Botterill said it was a “significant contributing condition”.
“I think it’s most likely that the combination (of all injur- ies) would be the best explanation,” he said.
Mr Trevino asked if the stress of a physical assault could have triggered arrhythmia causing death.
“I think that’s a reasonable possibility, although I think its far more likely a combination of the injuries described,” Dr Botterill said.
Mr Barallon entered no plea against the fraud, stealing and unlawful use of a motor vehicle charges.
Matters have been adjourned to the Cairns Supreme Court for a date to be set.