Emergency services crews at the scene of a multiple stabbing in Alma St, Rockhampton
Emergency services crews at the scene of a multiple stabbing in Alma St, Rockhampton Kerri-Anne Mesner

Accused Rocky murderer pumped with 'adrenalin, passion'

MURDER accused Sebastiano Garofalo was "charged with adrenalin, passionate and fatigued" at the time he stabbed two other men, his defence has told a Rockhampton jury.

Defence barrister Frank Richards delivered his closing statement to the Supreme Court in Rockhampton this morning during day four of his client's murder and attempted murder trial.

Mr Richards told the court "intention is central to this trial", referring to the stabbing death of Aaron Flenady and alleged attempted murder of George Swadling.

The jury this morning retired to deliberate a verdict on both charges, but Mr Richards urged them to respectively consider the question of manslaughter and unlawfully doing grievous bodily harm.

"When it comes to the question of intention we can't of course screw his (Garofalo's) head off and have a look and see what his intention was at the time of action," Mr Richards said.

"But we have the next best thing and that is his detailed interviews with police."

Mr Richards reminded the jury much of what Garofalo had said during police interviews was supported by the evidence of independent witnesses during the now four-day trial.

"Secondly, much of what he says in the interview is against his own interest, it puts him in the drink so to speak," he said.

"So in circumstances where those factors exist, why would you not accept that what he said about intention is also true?"

He argued Garofalo did not intend to kill or do grievous bodily harm to either George Swadling, or Aaron Flenady, who died as a result of a stab wound to his mammary artery.

Mr Richards reminded jurors of Garofalo's reaction to police questioning the day of the incident, September 15, 2015.

"He was asked by police officer, 'Just to make this clear did you want to kill either George or Aaron, did you want them to die?'," Mr Richards told the court.

"You'll recall in the interview there's a fairly quick, almost bewildered answer, 'no', almost as if he (Garofalo) doesn't understand why the question would be asked."

He asked jurors to consider this as truth, "He didn't mean to kill either man".

"In the second interview he's asked, 'When you stabbed him (Aaron Flenady) did you intend to cause him serious injury?'." Mr Richards said.

"His answer, 'Well I knew there was going to be an injury but not life threatening like'."

He went on to say "it's not something that I've done before".

"He doesn't have the benefit of being a professional with a knife," Mr Richards said.

"He's not a surgeon or slaughter-man, not a pathologist who can can speak about degrees of force, this is something he has not done before.

"It was something he was doing at a time when he was charged with adrenalin, passionate and fatigued."

Earlier in his closing statement, Mr Richards likened these characteristics to three other cases where "human condition" drove action.

"I gave you three examples that I hoped may assist you, of cases where aspects of the human condition that can drive action with little thought for consequences or with little actual intention," he said.

"And those examples are a fatigued driver who causes an accident and causes injury, a passionate couple that conceives a child, and an adrenalin charged boxer who causes serious brain injuries to an opponent.

"The consequences not being the intention of each of those cases."

More to come.



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