Kevin Patrick Hanley leaving court on day one of his murder trial
Kevin Patrick Hanley leaving court on day one of his murder trial Anton Rose

Murder suspect takes stand to give evidence

THE Crown has closed its case against Kevin Patrick Hanley over an alleged 2016 murder, where the court heard a recording of the accused after the shooting and a pathologist's description of the injuries sustained by Matthew Morcus.

The court also heard from the accused, Hanley, who said under cross examination from his barrister how he expected to be "blown away" when he approached the deceased.

"He will tell you he took the weapon to frighten Matthew Morcus, he knew he was on parole and his understanding was it was for attempted murder," Hanley's barrister Michael Copley said.

Hanley, 71, told the court he heard the deceased say "I'm gonna f***ing kill the lot of you" after an altercation between the pair was broken up earlier that day.

"I really expected him to have something (when he arrived at the home that night)," Hanley said.

"Matthew came towards me, it was very quick, next thing I heard was the gun went off," he said.

"I didn't mean to discharge the weapon unless he did something to me first."

Crown prosecutor Mark Green will have the opportunity to question Hanley when the trial resumes tomorrow.

Historic photo of Matthew David Morcus in 2009. Morcus was shot dead in Millmerran 13 October 2016
Historic photo of Matthew David Morcus in 2009. Morcus was shot dead in Millmerran 13 October 2016 Toowoomba Chronicle

Forensic pathologist Nadine Ford went into detail during the third day of trial, describing to the court the wounds she observed during her autopsy of the 46-year-old.

"There was a bullet wound tract through the chest, it was an almost horizontal tract and struck numerous organs," Dr Ford said.

"A bullet was identified in the right side of the chest wall, it actually passed through the sixth and seventh ribs and exited there through the right side.

"Passing through the body it struck through the left lung, the heart, the diaphragm and the liver."

A number of police officers from Millmerran, Dalby and Tara were also among the witnesses called by the Crown today.

Kevin Hanley leaves court on day one of his murder trial: Accused in 2016 Millmerran shooting fronts court at the start of his trial.
Kevin Hanley leaves court on day one of his murder trial: Accused in 2016 Millmerran shooting fronts court at the start of his trial.

While one of the officers was under cross examination, a conversation Hanley had with him was played for the jury.

"I didn't mean to kill the c*** I was just gonna shoot him in the leg because I know what he's like," Hanley can allegedly be heard to say in the recording.

Hanley denied he was heard to make threats to kill after an earlier altercation with the deceased.

Constable Jake Bucholz told the court that a .22 calibre rifle was found in a bush near where Mr Morcus was shot.

The third day concluded with a firearms expert testifying that the gun found by police needed 1.3kg of force in order to fire.

The trial before Justice Martin Burns continues.