Pilcher ‘ had no intent to kill’
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.