Accused denies killing victim in fatal ‘scuffle’
A MAN Accused of killing his former partner’s frail brother told a court he scuffled with him because he thought he was about to be attacked but denied kicking him.
Pearse Kavanagh said Philip McQueeney came at him with a vodka bottle and there were “punches thrown”. Prosecutors claim Kavanagh attacked Sarah McQueeney then turned on her sibling after he said “get off her, get off her, leave her alone”.
Newcastle Crown Court heard Mr McQueeney, 40, who had existing health problems, died within hours of the violence at his sister’s home in South Shields, on July 19, 2022. Kavanagh, 46, of Frobisher Street, Hebburn, South Tyneside, has admitted assault on Miss McQueeney but denies manslaughter.
Giving evidence, Kavanagh told the court the trouble started that day when Miss McQueeney brought up a topic of conversation which he found upsetting. He told the court: “I started calling her names.”
Kavanagh said he had become “upset” and said he “lashed out” and hit Miss McQueeney in the face but was unsure if it was a punch or slap. He added: “She started crying, her nose was bleeding.”
Robin Turton, defending, asked if Mr McQueeney reacted in any way to what happened and Kavanagh said: “That’s when he stood up with the bottle of vodka. He came at me with the bottle. He was walking towards me with the bottle.”
Kavanagh said he thought “he was going to hit me” and added: “I stood up and punched him.” He told the court he believed the punch connected with Mr McQueeney’s face and added: “Philip went down. It was very vivid. I think I tripped over and ended up falling on top of him. I fall on top of him, we have a bit of a scuffle, some punches are thrown.”
Kavanagh said as he was trying to get back up, Mr McQueeney had grabbed hold of his neck. Mr Turton asked Kavanagh what brought the scuffle to an end and he replied: “Sarah was screaming and crying, that made me snap out of it, realise what was happening. It was Sarah basically that made us stop.”
Kavanagh added; “I came to my senses and I got up off Philip, picked up a bottle and walked out.” Mr Turton asked Kavanagh: “It was alleged by Sarah you kicked Philip twice, did you kick Philip?” He replied: “No.”
The trial continues.