Court hears of build-up to scuffle that led to death

A NUMBER of witnesses gave evidence during the second day of a murder trial in the Bundaberg Supreme Court about the night 28-year-old Caine Hammond was knocked unconscious.

Lucas John Scot Bell, 25, has pleaded not guilty to causing the death of Mr Hammond, the partner of his sister Lori, who was knocked unconscious at the Bells' family home in Euleilah and died two days later in hospital.

Bell's father, Gregory John Bell, told the court he fell asleep on the couch in the lounge room on April 27, 2012, between 9-10pm, after consuming 10-12 cans of mid-strength beer.

He said he was woken by a disturbance and heard yelling and arguing.

"Caine was on the kitchen floor, lying on his right hand side, his head towards the bench and his feet towards the lounge room," he said.

Mr Bell said he managed to get his son outside and locked the door to keep him away from Mr Hammond.

But the position on the kitchen floor in which Mr Bell told the court he saw Mr Hammond lying was different to the account witness Kara Faye Shepherd gave to the court.

Ms Shepherd told the court she arrived at the Euleilah home with Lori about 3pm and drank five bottles of premixed Jack Daniels and cola over the course of the afternoon and evening.

Ms Shepherd described a lengthy build-up to the incident that left Mr Hammond on the kitchen floor, including an argument between the victim and the defendant and a scuffle in Bell's parents' bedroom that resulted in a cut to Mr Hammond's cheek and a bruise to his head.

Ms Shepherd then described seeing Bell and Mr Hammond launch at each other, before Mr Hammond wrapped both his legs around Bell's waist.

"I saw the moment of impact," she said.

But Ms Shepherd said her priority was to get Lori's daughter out of the house and she never saw how Mr Hammond ended up on the floor.

Ms Shepherd described Mr Hammond as lying on his back with his legs parallel to the bench and his feet towards the pantry and said she also saw Bell kick Mr Hammond and say something like "the pussy can't even get up".

The trial continues today.

Topics:  bundaberg magistrate's court

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