A Waverley man was acting in a frenzy when he attacked his ex-partner and her new boyfriend with a knife while they were in bed, a Supreme Court jury in Launceston heard.
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Director of Public Prosecutions Daryl Coates SC opened the crown case against Kerry Lee Whiting, saying that given the number of wounds suffered by Adrian Paul Mayne, 36, and Natalie Joyce Harris,36, his intention could only have been to kill both of them.
"It is the Crown's case that the accused had an intention to kill both," Mr Coates said.
Mr Whiting has pleaded not guilty to the murder of Mr Mayne and attempting to murder Ms Harris at her Ravenswood home in the early hours of November 25, 2021.
Defence lawyer Greg Melick said that the defence case was that Mr Whiting was not at the home and no forensic evidence could place him there.
The trial in front of Justice Tamara Jago is expected to take two to three weeks and involve nearly thirty witnesses.
The jury heard that Mr Mayne was stabbed more than 20 times to the left side of the chest and the back of the head with the fatal wound being between the ribs into the lungs.
He said that Ms Harris suffered life-threatening injuries with three stab wounds to the chest, three to the neck, the right wrist, a fractured rib, wound to the lung and to the neck.
Mr Coates said that Mr Whiting and Ms Harris had been together for 20 years and had three children before she decided to leave him in July 2021 to live in Prossers Forest Road, Ravenswood.
Two children moved with her.
Mr Whiting stayed at the existing home at Dalkeith Street, Waverley and his child lived with him.
The jury heard that Ms Harris met Mr Mayne via the internet and he frequently visited from Hobart.
When Mr Whiting found out, he did not react kindly.
Mr Coates said one child would give evidence that she heard Mr Whiting say he was going to kill Mr Mayne.
He said another child would say that Mr Whiting was angry and that "Mr Mayne was going to get it".
Mr Coates said the third child would give evidence that on a phone conversation the accused was upset and yelled that no one else was going to raise his children.
In the weeks before the alleged murder and attempted murder, Mr Whiting was seen near the Prossers Forest Road home.
"On November 20, [one child] saw the accused in the laundry of the home, he had come in through the window in the laundry," Mr Coates said.
"[She] told Ms Harris that the accused had been in the house."
Mr Coates said Mr Whiting's CCTV at Dalkeith Street had captured footage of him pumping up the tyres to a bicycle on November 24.
He said that at 1.36 am, Mr Whiting was captured on CCTV collecting an object from long grass at his home.
"He unwrapped the object and concealed it on his body," Mr Coates said.
He said the accused wheeled the bicycle out his front gate and appeared to be trying to avoid the motion sensor by moving slowly.
Mr Coates said that at 3.30am, Ms Harris awoke when she heard Mr Mayne say "don't stab her".
He said she saw a man with a knife and recognised him as Mr Whiting.
"She looked into his face and recognised the accused," Mr Coates said.
Mr Whiting stabbed Mr Mayne numerous times.
He said that one child heard noise, got out of bed and went to his mother's bedroom.
He saw a man pushing Mr Mayne, his mother trying to crawl away, and saw a lot of blood.
"He pulled the accused towards him and said 'that's my mum, what are you doing?'," Mr Coates said.
"[The child] and the accused fell down the stairs."
Mr Coates said the child would tell the jury that he was no more than 30 centimetres from Mr Whiting and recognised him and his voice.
Mr Coates said Ms Harris identified the assailant as Kerry Whiting to police.
When a police officer asked "why would he do this?'', Ms Harris replied: "He's my ex".
Mr Coates said that Mr Whiting was unable to be found for a week after the alleged crimes, and was living in a tent in a shed at the Dalkeith Street property when arrested by police.
"It's the Crown case that he knew what he had done and tried to avoid authorities," Mr Coates said.
"He was conscious he was guilty of murder and attempting to murder."
Mr Coates said that given the grim nature of the attack the accused went to the home with the intent to murder and must had a strong motive to carry it out.
Former senior constable Rodney Walker gave evidence about a large number of photographs at the alleged murder scene.
In cross examination, defence lawyer Raymond Broomhall took the unusual step of handing Mr Walker a torch so that he could get a better look at his photographs - in particular blood stains in many parts of the house.
When Mr Broomhall asked a question outside Mr Walker's expertise Justice Jago said:
"There will be a blood pattern expert called and you will be able to ask them all those questions."
The jury is expected to travel to the alleged murder scene on Wednesday, June 5, 2024.
Nick Clark
I am the Supreme and Magistrates Court reporter for The Examiner. My journalism career has clicked over 34 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for The Examiner. My journalism career has clicked over 34 years and encompasses four different spells at Tasmanian newspapers.
