Multiple severe blows to the head, combined with a high level of alcohol in his system, led to the death of Wangaratta’s Russell Berry.
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Expert forensic witnesses gave evidence on the last of a three-day hearing in Wangaratta Magistrates Court yesterday, backing up what the prosecution alleged occurred in the early hours of May 20 last year.
Magistrate Ian Watkins found there was enough evidence to commit Jacob Allan, 23, to stand trial in the Supreme Court over the charge of murder.
Allan stood and told the court he was “not guilty”.
Forensic pathologist Dr Gregory Young earlier gave evidence the cause of Mr Berry’s death was a “complication of head injuries”.
He said there were at least two, and possibly more, “severe or extreme” blows to the face, but could not say for sure which injuries were most responsible for the death.
Mr Berry was left with fractures and cuts to both sides of the face, and two black eyes.
There was no bleeding to the brain or evidence of a traumatic brain injury.
“The deceased allegedly received a number of punches to the head and it’s believed after the second punch he fell to the ground and lost consciousness,” Mr Young’s report stated.
“The two other males allegedly began to kick, jump and stomp on the deceased.”
Dr Young told the court Mr Berry had a blood alcohol content of .15 plus valium and depression medication in his system, which contributed to his death.
“(The alcohol and drugs) can all cause depression of the central nervous system, they can cause a decrease in the amount of breathing,” he said.
Homicide squad Detective Senior Constable Anne Kirishian said police were waiting for results of an analysis of Allan’s shoes compared to Mr Berry's face after the incident.
“An observation’s been made (by police) that there’s a shoe print on Mr Berry’s face,” she said.
None of Mr Berry’s blood was found on Allan’s shoes, which had been seized after his arrest, just Allan’s own blood from injuries sustained in the brawl.
Cops quick to arrest suspect
Police were forced to use capsicum spray to subdue and arrest Jacob Allan after his alleged violent attack on Russell Berry.
Sergeant Tim Hart told the court he arrived at the White Street crime scene and was told the suspects had gone towards Allan’s Higgins Street home.
When police arrived, they stopped a car leaving the house with Allan and Christopher Meaney inside.
“As he stepped away from the car, I could see he was bleeding,” Sergeant Hart said.
Allan had visible injures to his forehead and ankle, suffered after Mr Berry’s friend Paul Kerr attacked him with a machete during the brawl.
Allan muttered and shook his head from the dock at the back of the court as Sergeant Hart gave evidence that he did not have any issue with the accused or his family.
Defence barrister Mark Gumbleton questioned homicide squad Detective Senior Constable Anne Kirishian over why Allan’s interview was conducted without a lawyer.
She said the accused had never asked for one.
Detective Kirishian also refused to detail how three undercover police operatives, who had been sent into Allan’s jail cell, obtained their audio recordings of conversations.
The court heard Allan had complained about his injuries on the day he was released from hospital into police custody.
“I’m in pain, I still haven’t got f---ing anything to medicate me, it’s f---ing bulls---,” he said to police during the interview.
The case was adjourned for a directions hearing in Melbourne Supreme Court on April 20.
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