Murder accused denies killing mate to continue affair

MURDER accused Anthony Charles Oliver has denied he wanted his mate out of the way so he could continue his affair with the woman he loved.

He had been trying to keep his affair with Trichelle Cheney secret from her husband Norman Desmond Cheney, 41, for three years.

Mr Oliver, who was living at Mount Coolum when police first questioned him about a missing person, has testified he finally admitted the affair to his mate, Mr Cheney, while they were at the Somerset Dam on December 20, 2010.

He has alleged Mr Cheney bashed and choked him so badly that he passed out twice, waking the second time to petrol being poured on him.

Mr Oliver said Mr Cheney was using a lighter to ignite him and the car they were sitting in but he spotted a gun under his mate's thigh, which he used to kill him.

Crown prosecutor Todd Fuller on Tuesday asked why Mr Oliver did not call police immediately if he had killed Mr Cheney in self-defence.

He suggested police would have found the car splashed with petrol, the Tupperware container with petrol in it, the knife, the gun, the black gloves, the drug ice and associated paraphernalia to back up his story.

Mr Oliver said he was in shock and fearful of what Mr Cheney's family and bikie mates would have done to him.

"You told (Trichelle) he had threatened her, her child and her mother didn't you? You did that to justify what you had done?" Mr Fuller suggested.

"Because, Mr Oliver, you wanted Norm Cheney out of your life didn't you?"

Mr Oliver denied the allegations, saying he hoped "there might be a time when we could be open about our relationship".

Mr Fuller suggested Mr Oliver could not trust Trichelle to stay away from the father of her child, having separated from Mr Cheney not long before his death.

"You took the opportunity when you had him in an isolated spot out near Esk, you took your gun and you shot him in the back of the head?" he asked.

Mr Oliver denied the suggestion and claimed he had no idea how Mr Cheney's throat could have been cut with a knife.

Mr Cheney's body was concreted into a 44-gallon barrel and dumped in the Caboolture River.

Mr Fuller said bushwalkers found the barrel on February 5, 2011, because Mother Nature intervened through flooding.

Mr Oliver said he chose what he believed was a nice resting place for his mate, despite claiming he had just tried to burn him alive.

"I felt partially responsible because I was seeing Trichelle," he said.

Both sides are expected to make closing arguments on Wednesday.

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