Murder trial jury deciding verdict

A DRUNK Cape York man “knew what he was doing, but just didn’t care” when he fatally stabbed his long-term partner seven times, a prosecutor has argued.

A jury will resume deliberations on Wednesday in the trial of Kowanyama man Lenfred Leighwayne Tommy (above) in the Cairns Supreme Court.

The 31-year-old has pleaded guilty to manslaughter, but not guilty to the murder of Juanita Paul, 27, his partner of 10 years, at the residence they shared in June 2019.

During the four-day trial, the court heard Mr Tommy allegedly stabbed Ms Paul with a 25cm kitchen knife because she refused to come and drink with him and his friends.

The court heard he had a blood-alcohol level of 0.137 per cent about an hour after the stabbing and his defence has argued he was too intoxicated to have formed an intent to kill her.

But during his closing submission Crown prosecutor Nathan Crane said Mr Tommy was a seasoned drinker and cannabis user – consumed both that night – and was “just emboldened to do what he wanted” to his partner who he had a history of domestic violence against.

“He knew not to do it, he just didn’t care,” he said.

“He knew what the consequences were, he just didn’t care about her.

“He wanted to do it and there was nothing there to say “don’t”.”

Mr Crane said Mr Tommy’s attack on Ms Paul could not just be written of as an “inexplicable event” brought on by a drunken stupor.

“He had been violent to her in the past,” he said.

“(It is) the intent he had at the time when he put the knife into her body.”

But defence barrister Michael Dalton said what his client did was “terrible” and “unforgivable” but it was manslaughter, not murder.

“You’re looking at the unfortunate, unpredictable effect of the mixing of those two psychoactive drugs (alcohol and cannabis),” he said.

“What happened in that terrible moment, in my submission, was not goal-oriented (behaviour) … rather it was bizarre or inexplicable.

“You could not be satisfied beyond a reasonable doubt that intoxication didn’t play this role.

“You can’t exclude the hypothesis that Lenfred was lashing out in an undirected way … at Juanita.”

The jury retired just before 4pm on Tuesday and is set to resume deliberations on Wednesday morning.