Axe attack by irate husband — Crown

Press, 18 May 1982, Page 4

Axe attack by irate husband — Crown

A man was awakened in the early hours by an irate husband taking a swing at him. with an axe which shaved a flap of flesh and hair and a sliver of bone off the back of his head as he turned and raised his head and shoulders, Mr Justice Hardie Boys and a jury were told in the High Court yesterday.

The accused, whose name has been suppressed, has pleaded not guilty to alternative charges of wounding a man with intent to cause grievous bodily harm and with intent to injure on January 11. The names of the injured man and that of the accused’s wife who was in bed with the injured man have been suppressed.

The trial is expected to finish today. Mr G. K. Panckhurst appears for the Crown and Mr B, J. Drake and Miss J. M. Drake for accused.

Opening his case Mr Panckhurst said that about 3 a.m. on January 11 accused had forced his way into a Hoon Hay flat by using the blade of an axe, to spring a lock. He found his wife in a double bed with the occupier of the flat. The man and the accused's wife had got to know one another when they worked for the same government department. They had been friendly for about a year and the woman went to the flat about 10 p.m. on January 10.

After the altercation in the bedroom accused took his wife to the hospital where she was treated for a minor injury. The axe was found behind a shed at the rear of the Hoon Hay flat. There was a trail of blood leading to where the axe was found and a scientist established that the 1 blood' came from accused’s wife. The axe was bloodstained

and had a piece of skin and hair adhering to it. The man was struck a glancing blow with the axe, otherwise the consequences would have been much more serious, Mr Panckhurst said. The man in bed with accused’s wife also suffered a nasty injury to his lower back, from a blow from the axe.

The Crown said that accused knew of the liaison between his wife and the other nihn. He drove to the flat in the early hours and saw his wife’s car parked outside. His wife had suffered a minor injury to the wrist, Mr Panckhurst said.

The man, who occupied the Hoon Hay flat, laid that he was in bed as he had to start work at 6 a.m. when the accused’s wife arrived about 10 p.m. He was not expecting her and she had never arrived at his flat at that time before.

For a brief period they talked in the lounge and then he told the woman that he wanted to go to bed and that she could not stay at the flat; They then got into the double bed.

Some time in the early hours he was awakened by a noise which he thought was a piece of tin on the roof of the garage. He slept on his stomach and as he turned and raised his head he saw a black thing coming towards him. There was a crashing sound as he was struck on the back of the head.

Witness said that he was dazed and he remembered getting out of bed. He put the light on and saw an object going out the door. No words were spoken and at that stage he was only aware of being struck one blow. He had no idea of what happened to the woman he was sleeping with.

He realised that he had back injuries and he went to the doctor who lived across the road but nobody was there. A neighbour helped him and the police and- ambulance arrived. He was taken to hospital where he spent several days. To Mr Drake the witness said he had been separated from his wife for about nine years.