Court photo   Photo: Chris Ison / The Morning Bulletin
Court photo Photo: Chris Ison / The Morning Bulletin Chris Ison ROK221012ccourt6

Court hears from Zemek's defence

THE trial of George Joseph Thomas Swadling and Brendan James Zemek continued into its fourth day at the Rockhampton District Court yesterday.

The two men are on trial for the alleged bashing with a claw hammer of Rockhampton man David Glass at his East St home on August 2, 2015.

Yesterday, the court heard from Zemek's defence, barrister Ross LoMonaco who argued that his client was acting in self-defence.

He stressed the point that Zemek and Swadling were essentially two parties, not the "they” they had been referred to in court discussion.

"Within seconds, of Mr Glass coming outside, a hammer is swung at him, Zemek takes the defensive position and why wouldn't you?,” Mr LoMonaco questioned.

"After Zemek has been attacked by Glass he has reacted. Zemek is acting very independently from Swadling.”

On Tuesday, the court heard from the victim.

The court was shown photos taken by police as evidence from the attack, which Mr LoMonaco said didn't add up with Glass's claims.

"Glass said he sustained injuries to his forehead, arms, back of the head and knees,” he said.

"But from the medical evidence from the doctor and the photos we have seen, the reports do not suggest that there were any such injuries to the knees. No mention of injuries to his knees.

"There are no photographs because there simply weren't any injuries there.

"You might be concerned that Glass isn't telling the whole truth. That he is deliberately leaving things out.”

Judge Michael Burnett briefed the jury on the possible outcomes for them to decipher who retired to make their verdict.

The trial will continue tomorrow.



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