Emotions boiled over in a tense trial at the Supreme Court in Launceston in which two men are jointly charged over an incident in which it is alleged a man was hit on the head with a hammer.
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Jayde Patrick Burling, 27 and Zane Andrew Henderson, 28, have pleaded not guilty to a count of aggravated burglary on April 3 2020, for entering a Newnham home with the intent of committing an assault while armed with a hammer.
Both men have pleaded not guilty to a count of assault for striking Andrew Leigh Clark with a hammer and punching him.
Mr Clark gave evidence that it was Mr Henderson who struck him on the head with the hammer in his sister's home.
The jury heard that Andrew Clark, Stephanie Davenport, Courtney Davenport, Wayne Brown and a child were at a Newnham home when Simone Phillips drove to the house with Messrs Henderson, Burling and Jessie Davenport ( 27-year-old sister of Courtney and Stephanie), who got out of the car and kicked their way through a door to get inside.
"They stormed in like animals," Courtney Davenport, 30, said.
Mr Clark repeatedly said that it was four years ago and that he could not remember what had happened. But then he finally told crown prosecutor Claire Darvell that he was smacked in the forehead with a hammer.
"Who smacked you in the head with the hammer?" Ms Darvell asked.
"Zane Henderson did," Mr Clark said.
"When did Zane Henderson arrive?" Ms Darvell asked.
"I'm not sure. It all happened too quickly. What do you expect?" Mr Clark said.
"The injury to your forehead, did it bleed," Ms Darvell asked.
"Of course, it was bleeding. It was cut open, what do you reckon?" Mr Clark said.
Under cross-examination from the defence lawyer for Mr Burling, Fran McCracken, Mr Clark admitted he did not know Mr Henderson from a bar of soap.
"If the little dog didn't do it, he wouldn't be here," he said.
He admitted he had had a gutful of the trial and just wanted it over and done with.
Under cross-examination from Mr Henderson's defence lawyer, Patrick O' Halloran, Mr Clark said: "If he [was] not in a courthouse, I'd pound his head in."
After his evidence was finished, Mr Clark complained again that he was sick of it all.
Chief Justice Alan Blow said: "Well, you are free to go, Mr Clark".
As he walked past the dock, he said: "See you when you get out of jail."
A spectator exchanged words with Mr Clark: "Don't you threaten my family."
Chief Justice Blow later directed the jury to disregard anything Mr Clark said when he left the witness box.
Stephanie Davenport, 25, said that the men had kicked in the backdoor before coming in and chasing Mr Clark.
"They had a hammer," she said.
"Why did you think they were going to hurt Mr Clark?" Ms Darvell asked.
"Because they had a hammer, I'm not stupid," she said.
She said Zane smacked Mr Clark to the head with the hammer.
Stephanie Davenport said that she knew Mr Henderson because his sister had been in foster care with her sister years before.
She said she knew Mr Burling because he was sleeping with her sister Jessie.
When asked by Ms McCracken, she said she had given police the alleged intruders' names the next day but then lost patience.
"You need to butt out and stop asking me questions. Why did he not plead guilty and get it over and done with because he smashed him over the head with a hammer ... like a pussy," Stephanie Davenport said.
As she left the court, she waved her finger and exchanged words with a spectator.
Courtney Davenport said that she had grabbed two carving knives and told the men she would put it straight through them if they did not leave.
She told Ms McCracken that one of the men said: "We're for Andrew because your sister rang up."
She said they ran off scared.
"They couldn't have run off any quicker, pussies," she said.
Ms McCracken asked whether a man named Jake Morgan had been at the house.
"He was nowhere at my address; I'm not answering any more questions about Morgan, end of story, next question," she said.
The jury heard that police did not use a photoboard, a board which would allow witnesses to identify a suspect, with any of the witnesses.
The jury heard Messrs Henderson and Burling would not give evidence during the trial.
Chief Justice Blow said summings up from Ms Darvell, Mr O' Halloran and Ms McCracken would precede jury deliberation.
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
