Jury set to decide fate of brothers

A JURY will decide the fate of twins accused of severely beating a man in Townsville when their deliberations get under way today.

Crown Prosecutor Dane Marley wrapped up his case against Philippe Stephen Rubio and Dominique Antone Rubio in Townsville District Court yesterday, asking the nine men and three women on the jury to find the twins guilty of repeatedly punching and kneeing Caleb Estabillo on December 27, 2014.

Philippe Rubio gave evidence in his defence, claiming the fight began when he was hit by Mr Estabillo.

“I heard a commotion between Caleb and Dominique and I intervened to pull it apart and then ( Caleb) pushed me and I pushed him back,” he said. “Caleb struck me straight on the chin. He grabbed my shirt so I grabbed his shirt and hit him back. After that it was blow for blow for a while.”

Philippe Rubio claimed Mr Estabillo also attacked his brother Dominique before he finished the fight by punching the complainant in the side of the head and “throwing him” away.

Earlier in the trial, Mr Marley told the court Dominique Rubio had been involved in a casual, sexual relationship with Mr Estabillo’s girlfriend Cassandra Pecchiari.

Philippe Rubio’s defence barrister Darin Honchin said his client had also slept with Ms Pecchiari.

Mr Honchin suggested Mr Estabillo was jealous because his girlfriend had been fishing with the pair on the day of the alleged assault.

Two witnesses claimed the Rubio brothers had been drinking beer and rum before the incident while another told the court Dominique Rubio threw the first punch.

Judge Greg Lynham will address the jury this morning before members retire to consider their verdict.