Murder accused 'nervous and shocked'

BELLE TAYLORThe West Australian Two relatives of the mother, father and son accused of killing Jarrad Fitzpatrick have been called as prosecution witnesses in their Supreme Court trial.

Colin John Smith, 41, and his son Kenneth John Smith, 21, both deny murdering the 23-year old in a Bunbury driveway in November 2009. Their wife and mother, Tanya Louise Smith, 39, denies

the charge of manslaughter. The three accused are alleged to have driven to the house of Kenneth Smith’s former girlfriend Renee Kipling with the intention of harming her. Finding Mr

Fitzpatrick at the home, the father and son allegedly turned on him inflicting a fatal 7.5cm stab wound. Today Colin Smith’s brother, Troy Kenneth Smith, told the Bunbury Supreme Court he

was living with the family in November 2009 when he heard the three accused leave the house in the middle of the night after his nephew Kenneth became extremely agitated after receiving a

phone call. “His ex-girlfriend called up and abused him, said she got a car full of people who were going to slit your throat and break your legs,” Troy Smith told the jury. He said he saw

Kenneth Smith grab a golf club from the shed and go into the main house. Shortly afterwards he heard three car doors slam and a vehicle drive away. Some time later the three accused returned

and Kenneth Smith walked into the shed where Troy Smith was sleeping. “Splattered blood on his arms, shins and his shoes, he was upset,” Mr Smith said. He later clarified there was no blood

on his arms. “Said he done something seriously wrong. Said it was an accident, he kicked this bloke three times in the head.” Troy Smith said Colin Smith and Tanya Smith then came into the

shed and tried to calm Kenneth Smith down. The couple left but later Colin returned alone, holding a bloodied knife. Colin and Tanya Smith’s younger daughter Larissa Lyn Smith, 17, also gave

evidence, describing how she heard her brother have a shower before coming into her bedroom “nervous and shocked”. Prosecution lawyer Dave Dempster asked Larissa what Kenneth had said to

her. After a long silence the teenager asked if she had to answer the question. When told she did, she said: “He just kept repeating the same thing, ‘I shouldn’t have done it.’ “He was

crying and shaking and he was really scared or nervous or something.” The trial before Justice Peter Blaxell continues. GET THE LATEST NEWS FROM THEWEST.COM.AU IN YOUR INBOX. Sign up for our

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