Kenneth Fitzpatrick’s neighbour allegedly saw him bloodied in a fight with his son over car keys before his death at his Berowra Heights home, a court has heard.
A man accused of killing his father in Sydney’s north allegedly fought with the older man over car keys before a neighbour heard someone yell out “He’s dead”, a court has heard.
Police prosecutor Nicholas Dobson said a neighbour had witnessed an argument and a “wrestle over some car keys”.“The victim was heard yelling, ‘He’s trying to steal my car’.”The prosecutor said the accused then crashed the car into the garage and his father removed the keys from the vehicle. This was allegedly followed by a second scuffle.
“I note the facts are silent on the exact cause of death but the rational inference to be drawn is the death was the result of a fight.” Fitzpatrick’s lawyer Tania Johnson submitted it was a “weak prosecution case”. She said the timing of the yelling heard by the neighbour was unclear, and did not necessarily show the “only rational inference” was that the death was caused by a fight.She said there was “ambiguity” over which fight Fitzpatrick was referring to when he spoke to the paramedic.
“It’s the Crown’s contention that the accused caused the death of his father,” he said. “It is somewhat accepted that it is a circumstantial case.”
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