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Attempted murder accused a 'mess' after Rocky bashing, drugs and lack of sleep

It's time for a jury to decide if Conlon is guilty of attempted murder. (FILE PHOTO)
It's time for a jury to decide if Conlon is guilty of attempted murder. (FILE PHOTO) Tim Evanson

GETTING bashed in Rockhampton, doing drugs and barely sleeping was probably a bad cocktail for Jason Angus Conlon, his lawyer says.

But prosecutors say a phone call in which Mr Conlon asked "is the c*** dead?" was proof he intended to kill his former partner's new boyfriend.

At Brisbane Supreme Court, the jury will now have to decide whether Mr Conlon, 42, is guilty of attempted murder.

Mr Conlon has admitted injuring Peter Marion in a bloody late night incident in Sippy Downs on November 13, 2013.

"I was just totally off my head," Mr Conlon told jurors.

The Crown rejected Mr Conlon's guilty plea to a lesser charge of causing grievous bodily harm, so the attempted murder trial went ahead.

Closing the defence case on Friday, barrister Carl Martinovic said there was no way Mr Conlon intended to kill Mr Marion.

He said his client was in Rockhampton before visiting the Statesman Circuit house of his former partner.

"Keep in mind the fact that he was assaulted before in Rocky, maybe 48 hours before."

By the time Mr Conlon reached Sippy Downs, he was a mess, Mr Martinovic said.

"It's getting darker, he's taken more drugs, he's driving long distances."

Mr Martinovic asked jurors to consider how a lack of sleep impacted people.

"It makes us feel weak and fatigued. He couldn't focus and concentrate."

It was in dispute what Mr Conlon injured Mr Marion with.

"The doctor doesn't say it was a knife. The doctor conceded it could've been a piece of broken glass."

Crown prosecutor David Finch said Mr Conlon "ambushed" Mr Marion as soon as he saw him that night, and after the attack, threatened his former partner.

"You said to her: 'You're next', or something to that effect."

Mr Finch said Mr Conlon called his former partner at 2.54am that November night, after the attack, and asked "is the c*** dead" or words to that effect.

He said this language was consistent with what a local witness claimed to have heard Mr Conlon saying that night.

A local mum told the court she heard a man yelling the phrase "f***ing c***" a couple of times.

The Crown said Mr Marion was stabbed, and also punched with two hands to the chest and the back.

The location of the injuries was consistent with Mr Marion's testimony, the Crown said.

Mr Finch said Mr Conlon had the "presence of mind" to take the weapon away from the crime scene and get rid of it.

Justice Ann Lyons told jurors even if they found Mr Conlon's evidence unconvincing, they should still consider all other evidence the trial heard.

The jury began deliberating on Friday afternoon and will continue on Monday.

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Topics:  carl martinovic david finch jason angus conlon justice ann lyons rockhampton sippy downs statesman circuit



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