Court: Cheating revealed before alleged attempted murder
A CONFESSION about cheating, a stabbing by a woman of a man who had kicked her out, and years of harassment are the key claims in an alleged murder case before the courts this week.
Daniel John Shields, 49, is on trial in the Supreme Court in Rockhampton after pleading not guilty to attempted murder, and not guilty of an alternative charge of malicious act with intent to cause grievous bodily harm, over an incident involving Raymond Jarvis in Gracemere last year.
Mr Shields is accused of using a machete in an upwards swing motion which wounded Mr Jarvis under his right armpit, along with a hit to Mr Jarvis's head when he came up from behind him.
Read about Mr Jarvis' version of events here: Alleged first blow in attempted murder was with machete
Yesterday, Mr Shields told the jury his version of events.
On the day of the incident, Mr Shields claimed he was packing up his Gracemere residence and had dropped one car load of items to his mother's place in Yeppoon.
He said Allison Whyte, his now former partner and 'on again, off again' partner of four years prior to the incident; had been at the house all day and they had an argument.
It was revealed under cross examination by crown prosecutor Joshua Phillips that Ms Whyte had told Mr Shields she had cheated on him by having sex with Mr Jarvis.
It was also revealed this was the second time this cheating had occurred during their relationship and the first one resulted in the pair breaking up for three or four months.
Mr Shields had earlier told the court Ms Whyte made a call to who he suspected was Mr Jarvis and overheard her say "he is kicking me out again".
He said he went outside because he didn't want to argue anymore, was having a vodka and watering the yard when he heard a noise, turned around and saw Ms Whyte.
Mr Shields said she lunged at him with a kitchen knife, he sprayed her with the hose and she went back inside.
He said he had a small hole in his chest and went inside, finding Ms Whyte running around grabbing stuff.
Mr Shields said after she left, he put all her belongings - a box freezer and five boxes of clothes and other stuff - on the verandah.
He said at some stage that day, he went to the carport and loaded items in his car, but took a break after loading a handful of items in.
Mr Shields said the tomahawk in the front passenger footwell, found by police after the incident, had been placed in the car along with the machete earlier that day as he packed.
He said the baseball bat police located on the back seat was always there as he and his children regularly went to parks to hit a softball around.
Mr Shields said the tomahawk located in his boot was always there as he would collect wood for his firepit in his backyard.
He said he realised he had run out of vodka, drove to the shops to get more and detoured back via Mr Jarvis's residence.
Mr Shields claimed he stopped at the Thora St residence after unsuccessfully contacting Ms Whyte about collecting the rest of her belongings.
He claimed he thought she would have been at this residence because she had returned there many times throughout their 'on again, off again' four-year relationship.
"I'd had enough," Mr Shields said.
"I just wanted her to come and get her stuff and be on her way."
He said he pulled up in the middle of the road and threw a wheelie bin; "being stupid".
Mr Shields said he was three metres from the white gate when he saw Mr Jarvis come out, swearing and calling him derogatory names, asking what he was doing there.
He claimed he did not get a chance to tell Mr Jarvis why he was there before Mr Jarvis picked up a piece of timber and started swinging it at him.
When asked by defence barrister Scott Moon what level of aggression Mr Jarvis appeared to him, from between one and 10 (10 being the most aggressive), Mr Shields said seven.
Mr Shields said he told Mr Jarvis he was sick of him ruining his life.
Mr Phillips asked what he meant by that.
Mr Shields claimed he meant the words towards Mr Jarvis and Ms Whyte, due to constant harassment, threats and destruction.
He went on to allege Mr Jarvis came at him, calling him names, swinging the timber, jabbing him with it and over head swings.
"The piece of wood was about two metres or more," Mr Shields said.
He claimed he ran backwards, holding his arm up as protection, telling Mr Jarvis to "f--- off".
"What did you think was going to happen," Mr Moon asked.
"I thought I was going to get me head smashed in," Mr Shields said.
He claimed Mr Jarvis's aggression level jumped to about 10 by the time they had reached Mr Shields's car.
"He was using the length of wood to jab me through the door," Mr Shields said.
"The door was open."
He claimed he was sitting sidesaddle in the driver's seat, with his legs out of the car, while Mr Jarvis stood at the end of the open door "thrusting" the timber into his face and body.
"I tried to kick him out of the way," he said.
"I grabbed something off me floor."
Mr Shields alleged he retrieved the machete from the right rear footwell in front of the back seats, not knowing what he had actually grabbed at the time.
He claimed Mr Jarvis growled at him and swore at him.
"I pushed him back some how," Mr Shields said.
"I got out of there … stood up."
He claimed he told Mr Jarvis to "f--- off c---" and tried to push him back into his front yard.
"We were both running and pushing," Mr Shields said.
"I was trying to get rid of him.
"I was shi--ing my pants.
"I was scared as f---."
He claimed he "whacked" the piece of timber out of the way and "started going at him".
Mr Shields demonstrated to the jury that he made punching movements with his right arm which held the machete.
He claimed when they were back in the yard, they were swinging at each other on his driveway.
Mr Shields alleged they were ¾ down the driveway when they just stopped.
Mr Moon asked why he didn't just walk away, and Mr Shields claimed Mr Jarvis wouldn't leave him alone.
Mr Shields claimed Mr Jarvis swung the piece of wood at him again and he held his left hand up near his forehead and his right hand was "pushing" forward with the machete.
"I sort of blacked out for a second or two and then we were on the ground," he said.
"I thought he was going to hit me again.
"I was laying on top of him … he was face down … I've got one arm underneath his arm and the other was over that."
The court heard Mr Shields claimed he could not get up due to his arm being locked underneath Mr Jarvis.
Then he looked at his left arm and felt a warm wet sensation.
"It was spurting every where," Mr Shields said.
He claimed he told Mr Jarvis they should stop and he could not get up due to his arm, and they ended up getting up together.
Mr Shields said he looked at his arm briefly and walked off, driving to the ambulance station for help.
He claimed he did not realise Mr Jarvis had an injured armpit when he left the scene.
Mr Shields claimed he did not intend to kill or seriously harm Mr Jarvis.
Mr Shields' versions of the background events differed to Mr Jarvis's.
Read Mr Jarvis's versions here: The exchanges before the alleged attempted murder
The shopping incident
Mr Shields said he was shopping with his children at Stockland and was near the newsagency, "going about our daily business" when Mr Jarvis approached him and said "you c---. Let's go and fight, c---".
He said he was shocked and shielded his children - two which were in a trolley and the third standing next to it.
"I didn't have a clue who he was," Mr Shields said.
He claimed he told the man to "f--- off" and grabbed his phone to call police.
Mr Shields alleged Mr Jarvis walked away for a bit.
He claimed he had relocated to outside Big W where he was talking to a police officer about the incident where he had been threatened by a stranger who challenged him to fight.
Mr Shields claimed Mr Jarvis approached him again, saying "c---. C---. Come and fight me c--" while pointing his finger at him.
He alleged Ms Whyte was talking to her teenage daughter at the time and when Mr Jarvis approached the second time, she told him to "f--- off".
Mr Shields alleged he never sent any text messages to Mr Jarvis prior to this event.
Keying the car
Mr Shields alleged Mr Jarvis keyed his car once when he was at the police station with Ms Whyte.
The shovel incident
Mr Shields claimed he was at home in his bed when Ms Whyte messaged him saying she was coming around.
He alleged he rang her and told her not to attend and then he got up, had a drink and a smoke before returning to bed.
Mr Shields said he then heard the community booze bus which the pub used to drop patrons home.
He said it pulled up outside his house, he heard voices and recognised Ms Whyte's laughter.
Mr Shields claimed he let Ms Whyte and her female friend inside because he didn't want his neighbours hearing them.
He alleged the women were drinking and talking.
Mr Shields claimed he was asleep in the spare bedroom and about midnight, a car pulled up in his driveway with the car lights shining in the bedroom.
"I went out to see who it was," he said.
Mr Shields claimed he looked out through the loungeroom window and could see there were two males outside, but couldn't see who they were as they had turned the lights off.
He said he then recognised Mr Jarvis, but did not know who the one-armed man who was with him was.
Mr Shields alleged Mr Jarvis went up to the window and called him names and threatened to kill him, while the other guy was yelling out for his girlfriend.
He claimed Mr Jarvis banged on the window.
Mr Shields alleged he walked down the hallway to Ms Whyte and asked her what she was going to do about Mr Jarvis being there.
He claimed she replied "nothing".
Mr Shields claimed he then told the other woman she needed to leave.
He alleged Mr Jarvis walked around outside the house, banging on windows, calling Ms Whyte derogatory names and telling her to "come out here and get f---ing home now".
Mr Shields claimed he'd had enough, went outside, picked up the shovel and met Mr Jarvis at the corner of the house.
He alleged once Mr Jarvis saw him with the shovel, he walked backwards and tripped over the garden bed.
Mr Shields claimed Mr Jarvis said "you better use that c---. If I get it, I'm going to use it on you".
He alleged the other guy walked towards him and said "what are you doing, c--?"
Mr Shields claimed both men then walked towards him in a fighting stance and he walked back through the gate into his yard.
He claimed the pair took off, after swearing a bit more, and returned about 5am-6am.
Mr Shields alleged both men banged on the windows and were yelling and screaming.
He claimed the women went outside and started arguing with the men.
Mr Shields alleged the other female and other male got into a punch up and the four of them left together.
"I was pretty upset and stressed," he said.
"I had an argument earlier with (Ms Whyte) about why she was coming over in the first place."
The milk bottle incident
Mr Jarvis also accused Mr Shields of coming at him with a baseball bat after overtaking him on Gladstone Rd and throwing a bottle of milk at his car.
Mr Shields said the first he heard of that alleged incident was through his lawyer prior to trial.
The axe incident
Mr Shields claimed he had asked Ms Whyte to leave.
"I could hear a car come flying up … tyres squealing around the corner into Lilly Pilly Ave up to my place," he said.
Mr Shields claimed he and Ms Whyte were arguing and she was on the phone to Mr Jarvis saying "he's f---ing kicked me out. I've got nowhere to go".
He alleged he was standing near his front door with his children when Mr Jarvis walked up aggressively and started swearing at him, urging him to fight.
"I pushed my kids inside," Mr Shields said.
He said there was a chair that sat at his front door he alleged Mr Jarvis picked up and threw at bushes near the front door.
"He just started smashing into that with the chair," Mr Shields said.
He alleged he told Mr Jarvis to 'f--- off c---t. What are you f---ing doing?"
"Being the stupid c--- I was that day, being very angry, I walked out with an axe," Mr Shields said.
He alleged he again told Mr Jarvis to "f--- off" while he was about one or two metres from Mr Jarvis.
Mr Shields claimed he followed him, told him he should not have been there as he had not told him to come over.
He alleged Mr Jarvis grabbed a metal rod from his car, he followed him around the car once and then walked back up to his house because Ms Whyte was filming it.
Mr Shields claimed Mr Jarvis took off "pretty quickly" with Ms Whyte.
Mr Shields said he was out picking his children up from school one day when he saw Mr Jarvis and Ms Whyte drive past him.
He claimed Ms Whyte looked at him "cranky".
Mr Shields said when he got home, he walked into his house and was stepping on water.
He said he first thought it came from the bathroom but it was coming, instead, from a bedroom which faced the street.
The trial continues today.