Daughters witness attack: court

A TRAIL of blood on the bitumen and a dark red stain on the grass – evidence of a violent incident that could have been deadly.

More than a year after 19-year-old Corey George Muller was stabbed in the neck outside 19 Hillcrest Avenue, Scarness, photographs of the crime scene were shown to a jury in Maryborough Supreme Court yesterday.

Derek Neal Marshall has pleaded not guilty attempted murder or, alternately, malicious wounding with intent to cause grievous bodily harm.

Marshall, 34, has been free on bail since September 2009 when his parents posted $20,000 surety for him.

Up to 22 witnesses could give evidence during his trial.

Crown prosecutor Caroline Marco opened her case by describing the lead-up to the alleged stabbing.

She said Marshall had recently separated from Mr Muller's cousin.

The woman went to the Hillcrest Avenue house for drinks on August 1 after a family celebration but she soon noticed Marshall driving a silver sedan up and down the road outside.

“At 1am the car finally came to a stop in front of the house, in the middle of the street,” Ms Marco said.

Corey Muller and his sister Cassie Muller went out to the car and asked Marshall to leave, but he refused.

Mr Muller said he saw Marshall's seven-year-old daughter sitting in the front seat of the car and his six-year-old daughter sitting in the back behind the driver's seat.

“I asked him to leave but he wouldn't leave. Then I hit the car with my hands,” Corey Muller said.

“My sister pushed me back. As I stumbled back I saw the car coming towards me.

“He had his arm out the window.

“I felt a scratch on my neck. I felt my shirt go warm. I put my hand on my neck and felt the blood there.

“I remember stumbling over to the footpath and that's where I dropped.”

Marshall allegedly sped off down the road as witnesses tried to stem the bleeding from the wound.

Mr Muller was rushed to the emergency department of Hervey Bay Hospital, where a doctor tied up his severed blood vessels and then operated to repair his neck.

Senior Constable Ross Skyring arrived at the scene at 2.30am and took photographs of blood spattered on the road and footpath.

He said he went to Marshall's home 15 minutes later, where he found a blood-stained knife on a lounge room chair.

The foldable knife was presented in court as an exhibit.

“Blood found on the blade and handle of the knife matched the blood of the complainant,” Ms Marco told the court.

Meanwhile, Marshall's ex-partner turned on her mobile phone to discover two text messages from Marshall.

One of the messages read: “how r u going to tell the girls about wat they just saw.”

The trial, before Justice David Boddice, continues today.



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