crime

Accused to face murder trial after defence argues dead man stabbed himself

Accused to face murder trial after defence argues dead man stabbed himself

A man accused of stabbing his cousin to death outside an Alice Springs pub last year has been committed to stand trial after arguing the alleged murder victim may have self-harmed.

A man charged with the stabbing murder of his cousin in Alice Springs last year has been committed to stand trial after arguing the 27-year-old may have stabbed himself.

Local Court Judge John McBride said it would be up to a jury to decide whether a fatal stab wound to the dead man's heart was caused by his cousin Kaine Fisher.

Mr Fisher is due to face the Supreme Court on December 2.

A man accused of fatally stabbing his cousin in the Alice Springs CBD last year has been committed to stand trial in the Northern Territory Supreme Court for his alleged murder.

Kaine Fisher, 23, faced the Alice Springs Local Court this week accused of stabbing the 27-year-old man — referred to in court as Kumanjayi Gibson for cultural reasons — on Gregory Terrace on May 15 last year.

Mr Gibson died in palliative care in Alice Springs less than two months later.

Around a dozen supporters and family members sat quietly in the small courtroom while Judge John McBride outlined the evidence presented during the committal hearing.

"Both the accused and Kumanjayi come from the same community of Nyirripi, about 440 kilometres north-west of Alice Springs," he said.

"Cousins to each other, Kumanjayi's mother is the elder sister of the accused's mother."

The court heard the two men travelled to Alice Springs with extended family and had been drinking at bars that afternoon, but Mr Gibson had not been allowed into the last venue before the incident occurred.

Judge McBride said CCTV footage showed the group leaving the premises around 5pm and then Mr Gibson running towards Mr Fisher on Gregory Terrace.

"Upon reaching the corner of Todd Street and Gregory Terrace, Kumajayi can be seen armed with two steak knives, one in each hand, chasing after the accused," he said.

The court heard two other relatives became involved, including Poulson Fisher, who moved to stand between Mr Gibson and the accused, and Leroy Gibson, who intervened to wrestle the knives from the 27-year-old.

Judge McBride said it "can be seen on the footage the accused, on reaching Mr Gibson, applied force to his chest on two occasions in quick succession".

Defence lawyer Beth Wild previously told the court there was evidence Mr Gibson had a history of self-harm, including scarring on his chest.

Ms Wild said his aunt had provided a statement saying "that is what he does, that he stabs himself when upset or doesn't get what he wants".

But the Crown argued Mr Fisher was holding an edged weapon when he ran at Mr Gibson and struck him in the chest and in committing Mr Fisher to trial, Judge McBride said it would be a matter for a jury to decide.

"It ended up with Leroy Gibson getting hold of one of the knives and with the other one suggested to fall across the footpath towards the kerb," Judge McBride said.

"At no time prior to this does the available CCTV footage show Kumanjayi making any observable movement with either of the knives consistent with a self-harm stabbing.

"After Kumanjayi gets up from where he had been pushed down by the accused, for a moment he remains standing on the footpath, remonstrating.

"He then removes his singlet, he takes a few steps, before drawing attention to the blood which was coming out of the visible wound to his chest.

"Kumanjayi then stumbles backwards towards the roadside next to the curb and crumples to the ground."

The court heard the 27-year-old received first aid from bystanders, including an off-duty doctor and nurse, before paramedics arrived to provide emergency care and take him to the Alice Springs Hospital.

Judge McBride said the autopsy showed a single stab wound that pierced Mr Gibson's heart and a doctor found the "cause of death can be attributed to complications following the stab wound to the heart".

He said it would be up to the jury to say whether Mr Fisher was holding an edged weapon when he struck Mr Gibson or if "prior to his collapse, Kumanjayi self-harmed, as it was said he was prone to do, only this time fatally".

Mr Fisher was refused bail and is due to face the Supreme Court on December 2.

  • murder
  • trial
  • man
  • defence
  • cousin
  • death
  • alice
  • springs

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