Derek Neal Marshall, accused of attempted murder, leaves court.
Derek Neal Marshall, accused of attempted murder, leaves court.

Accused saw blood on his knife

A HERVEY Bay man on trial for attempted murder told the Maryborough Supreme Court yesterday he did not know why he lashed out at a teenager with his work knife instead of just driving away.

Derek Neal Marshall was parked outside a Hillcrest Ave home at 1.30am on August 2, 2009, when he claims an “out of control” Corey George Muller, aged 19 at the time, reached into his open car window.

“He reached in and I thought I saw something metallic in his hand. I panicked, I was scared,” he said.

“I pushed his arm out of the car ... it was a blur.

“As I drove off down the road I looked down at the knife and saw blood on it.”

Marshall, 34, yesterday elected to give evidence before a judge and jury in his own trial.

The court heard that on the weekend of August 1 Marshall had custody of his two young daughters for the first time.

One of his daughters was particularly anxious, however, and when he couldn't get in contact with his ex-partner and the girls' mother, Kylie Taylor, he drove to Hillcrest Ave.

“The only place I knew she might be was Cassie's place (Hillcrest Ave). I drove past and saw her – the girls saw her as well.

“I tried calling but her phone was turned off.

“I drove past up to 10 times ... trying to get her attention and making the phone symbol to my ear.”

At 1.30am Ms Taylor hadn't returned any of his calls or texts and his daughter was still upset so Marshall returned to Hillcrest Ave.

“Corey appeared intoxicated and aggressive as soon as I pulled up.

“I asked: ‘Can you please tell Kylie to call me?' He started yelling at the top of his voice.”

Mr Marshall told the court Cassie pushed her brother Corey away from the car three times before Corey “slammed against the car” and reached into the open window.

“I was just about to drive off. I didn't see where he came from,” he said.

“I don't know how it happened.”

When asked by Crown prosecutor Greg Cummings what stopped him from just driving away instead of grabbing his work knife from the door pocket, flipping it open and using it on Mr Muller, Marshall responded by saying: “I had to get him out of the vehicle before I drove off.”

“Why?”

“How long's a piece of string? I honestly do not know why I didn't drive off.”

Marshall was the last of several witnesses – including Corey and Cassie Muller – to give evidence in the trial.

Both Corey's and Cassie's versions of events conflict with Marshall's. They told the court they saw Marshall drive at Corey before knifing him.

The jury is expected to retire today after both prosecution and defence present their closing cases.



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