Sword murder accused confessed to girlfriend: Prosecution
A MACKAY ice user confessed to his girlfriend he killed a man with a sword during a botched armed robbery, prosecutors allege.
But the lawyer defending Mala Owen Geissler asked the jury to consider whether Tyrone 'Tubby' Baynton's death was "an accident".
Crown prosecutor Caroline Marco outlined her case against Geissler during his trial in the Supreme Court in Mackay on Tuesday.
Geissler, 31, has pleaded not guilty to the murder of Mr Baynton, 29, at North Mackay on October 11, 2015.
Justice James Henry empanelled a jury of eight women and five men (including one reserve).
Justice Henry told the jury, during a lengthy address, they were to "coldly, calmly and clinically" examine evidence put before them by Ms Marco and Geissler's barrister Tim Ryan.
Mr Baynton's mother, Dianne Baynton, attended the first day of the trial, which Justice Henry said could stretch into next week.
She was accompanied by Leanne Pullen, whose son Tim Pullen was killed in 2012 (in an unrelated series of events), and a small contingent of supporters.
Geissler was also supported in court by a small crowd, who sat centimetres from Mr Baynton's supporters in the aging courtroom's small public gallery.
Ms Marco gave her opening address, which canvassed the prosecution's allegations.
"It is alleged on October 11, 2015, just after 6 o'clock at night, the defendant Mala Geissler murdered Tyrone Baynton," she said.
"Mala Geissler attended Tyrone's unit, armed with a sword, along with two other men, who were also armed, for the purpose of stealing money or drugs from Tyrone.
"As Tyrone was standing behind the front door, trying to resist Geissler and the other men entering, Geissler thrust a sword through the front door at about shoulder or upper body height, which penetrated the door and pierced Tyrone in the neck.
"The wound from the sword penetrated Tyrone's neck to a depth of approximately 17cm. It severed Tyrone's carotid artery and trachea and perforated his right lung.
"That stab wound caused Tyrone's death. It is alleged Geissler is guilty of Tyrone's murder. Either because he intended to kill or do grievous bodily harm ...
"Or because he stabbed Tyrone with the sword, which penetrated through a door, and that act was in all the circumstances an act likely to endanger human life, committed during the course of an armed robbery."
Ms Marco spoke about evidence to come from witnesses, including Geissler's then-girlfriend.
"Now following October 11, 2015, Geissler's girlfriend at the time ... learned of Tyrone's death and she had a number of conversations with Geissler about it, during which Geissler admitted that he had stabbed Tyrone, amongst other things," she said.
Ms Marco told the jury the door and the sword would be produced in proceedings.
The opening address from Mr Ryan was significantly shorter.
He said it was not alleged a "direct application of force with a weapon" had occurred on someone "in full view".
Mr Ryan said, the jury will need to consider "three things" in deciding whether murder had been proved.
"The first is that the front door of this unit was not constructed of hardwood timber ... it was described as being a hollow core door," he said.
"The second point is that no one on the outside of the front door was capable of seeing what was happening behind the door when it was shut.
"And the third thing is, the nature of the injury that Mr Baynton suffered, which led to his death, was determined by the precise position of his body in relation to the door at the moment when the sword came through the other side."
Mr Ryan added an "issue that arises" was whether Mr Baynton's death was "an accident" as "defined by the law".
When approached outside Mackay Courthouse, Dianne Baynton chose not to comment.
The trial continues.