WITNESS EVIDENCE CAST IN DOUBT
SHOCKING claims made in the first day of a murder trial have been cast into doubt with a key witness telling a court he was not honest with the jury.
Police found Rodney Kayne Ferrar, 30, naked on his bed in a pool of his own blood after he died at Sturt Lodge on August 2, 2016, after suffering blunt force trauma to the head.
The trial against murder accused David Andrew Novley began in the Townsville Supreme Court on Monday.
His co-accused in the killing, Richard Gordon Maxwell Swan, on Monday told the court he saw Novley scrubbing a bloodied wooden plank with bleach shortly after the accused suggested they “finish the job” after the group fought earlier that day.
Swan was found guilty of manslaughter last year after pleading not guilty to murder.
He has vehemently denied having an intimate relationship with Mr Novley.
On the second day of cross examination, defence barrister Joseph Briggs revealed to the jury that Swan, who was jailed for nine years, was released from custody this year in an early release deal.
Mr Briggs said Swan was handed a discounted sentence under the proviso he gave evidence against Novley in court that corresponded with a typed statement he gave to police after he was convicted but before he was sentenced.
Mr Briggs probed Swan about his significant criminal history and asked how honest he had been during the first day of the trial.
“Were you a bit dishonest yesterday? You were weren’t you?” Mr Briggs said.
“Do you think you were dishonest with the jury yesterday?
“Can I just put this directly to you … when you made that statement, that typewritten statement, you understood something didn’t you?
“And it was this, if you didn’t give evidence in accordance with that statement against Novley, you could be taken back to court again and resentenced for manslaughter — you knew that didn’t you?”
Amid the terse exchange with Mr Briggs, Swan made admissions that he lied about what he did and saw during the time Mr Ferrar was allegedly murdered.
On Monday, Swan painted a shocking picture, telling the jury he attached his cap to block a security camera in to the hallway and watched on as Novley grabbed a wooden plank, walked into the room Mr Ferrar was killed and closed the door.
He walked back these claims yesterday, telling the court he actually stood under the camera holding the cap and had not seen what happened.
He also changed his story to say he had seen Candice Butler, Mr Ferrar’s partner, punch him in the face at least once during the day.
Adding to his story, Swan also said there was an argument between him, Novley and Mr Ferrar about the two men flirting with his partner.
Three Sturt Lodge residents, the manager and two of the first responding police officers gave evidence yesterday.
Townsville Police Senior Constable Sarah Aspery told the jury she was the first to find Mr Ferrar’s body as police entered his bedroom.
“I could see a person’s feet hanging from the covers. They looked very pale, there was blood in the covers,” she said.
Senior Constable Aspery said she called out to the man and tugged the covers off his body after getting no response.
“I could see there was a large wound on his head and a lot of blood had pooled,” she said.
Body-worn camera footage showing the discovery was played to the jury, and police audio recordings of Novley’s arrest were also played in court.
The trial continues today.