‘He wouldn’t let go’

Accused tells manslaughter trial he feared for his safety

A MAN on trial for manslaughter has told the court he was scared as a larger, shirtless man grabbed hold of him and punched him repeatedly in the head inside his own unit.

Clay Peter Stone, 31, pleaded not guilty to manslaughter earlier this week and took the stand on Friday.

He is accused of causing the death of Innisfail man Raymond Smerdelj, 32, whose heart was fatally pierced by a steak knife on October 3, 2019, inside Mr Stone’s Innisfail unit.

Mr Stone told the court that he had arranged to exchange ice for sex with a woman he was in a casual sexual relationship with, although he did not actually have any drugs.

He left his bedroom to grab a knife to divvy up the non-existent drugs, he told the court.

Returning with the knife, he told the woman he had no drugs and had stood up to leave when Mr Smerdelj appeared in the doorway, the court heard.

“He had a rum tin in his hand and no shirt on,” Mr Stone said.

Mr Stone said Mr Smerdelj was “agitated” and said he wanted a half ball (of ice).

With the knife in his right hand near his waist and pointing to the back door with his left hand, Mr Stone told the court he said: “What are you doing in my f--king house? Get out, I don’t know you.”

It was then that Mr Smerdelj put his can down and began assaulting Mr Stone, the court heard.

Mr Stone said Mr Smerdelj, who he described as bigger than him, then grabbed him by the collar of his shirt and began uppercutting him and punching him over the top of the head. Defence barrister Frank Richards asked Mr Stone what he thought would happen.

“I thought I was f--ked. It’s hard to explain. I was getting punched that many times and he just wouldn’t let go,” Mr Stone said.

Mr Stone described trying to push Mr Smerdelj away, before a final shove, after which he noticed “a little bit of warmth” on his hand and blood everywhere as the attack stopped.

Under cross examination from Crown prosecutor Danny

Boyle, Mr Stone said he had no intention of stabbing Mr Smerdelj. Mr Boyle said the nature of the fatal wound meant the knife would have had to have gone into Mr Smerdelj at a 90degree angle and not the way Mr Stone told the court he was holding the knife.

“He had hold of me with that hand so he would have been already twisted that way and the other hand he was uppercutting me,” Mr Stone replied. “I can’t comment on the angle or what way it went in or anything like that.”