Pilcher ‘ had no in­tent to kill’

Townsville Bulletin - - NEWS - LUCY SMITH lucy. smith@ news. com. au

DE­FENCE bar­ris­ter Har­vey Wal­ters has told a Supreme Court jury Dane An­drew Pilcher was “en­ti­tled to pro­tect him­self” from his ex­part­ner Corinne Hen­der­son and should not be con­victed of mur­der.

Pilcher, 38, has pleaded not guilty to the stab­bing mur­der of Ms Hen­der­son in her Idalia apart­ment on Septem­ber 26, 2015.

Mr Wal­ters made his clos­ing ad­dress to the jury yes­ter­day, out­lin­ing the de­fences of self de­fence and provo­ca­tion. He re­jected Crown pros­e­cu­tor Michael Cowen QC’s sug­ges­tion Pilcher lied about the night of Ms Hen­der­son’s death.

“If this man was a liar, why would he ring triple- zero and why would he say ‘ I think I’ve killed her, she’s not breath­ing’?” he said.

“Why wouldn’t he have run away, why wouldn’t he have hid the weapon?”

Pilcher had told the court he took a taxi to Ms Hen­der­son’s apart­ment af­ter see­ing a photo posted on­line of her with her new boyfriend Dwayne Wick­ham.

Mr Wal­ters said while Pilcher should not have bro­ken through Ms Hen­der­son’s kitchen win­dow that night, he was drunk and it was “hu­man na­ture” for him to want to speak with her. He said Pilcher and Ms Hen­der­son talked for a “long time” be­fore the stab­bing.

“He has en­tered that house in frus­tra­tion, but he didn’t go in there to kill her, be­cause if he had done that, he would have done that very early on,” he said.

Mr Wal­ters said Pilcher had been “shocked” when Ms Hen­der­son stabbed him in the arm.

“He never in a mil­lion years ever thought that this woman would stick the knife into his arm. The re­ac­tion is in sec­onds,” he said.

Mr Wal­ters said of the 21 wounds to Ms Hen­der­son’s body, only two were stab wounds – one through her shoul­der and one through her back.

“The rest were cuts. Not stab wounds, cuts. You might well think that the in­juries on her hands are quite con­sis­tent with fight­ing and grap­pling with a knife,” he said,

Mr Wal­ters said Pilcher had a 3cm wound to his arm con­sis­tent with be­ing stabbed. “There is a separate and dis­tinct in­jury that matches ex­actly what he said on this par­tic­u­lar night,” he said.

Mr Wal­ters said the jury could not be con­vinced beyond rea­son­able doubt that Pilcher in­tended to kill or cause griev­ous bod­ily harm to Ms Hen­der­son. “The knife wound oc­curred and he was en­ti­tled to pro­tect him­self and en­ti­tled to de­fend him­self,” he said.

Mr Cowen is ex­pected to make his clos­ing ad­dress this morn­ing.

Corinne Hen­der­son and Dane Pilcher.

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