Toowoomba Courthouse.
Toowoomba Courthouse. Bev Lacey

Stabbing 'victim' was the aggressor, witness claims

A CROWS Nest man who claims he was stabbed during an altercation with a neighbour was actually the aggressor, it has been claimed in Toowoomba District Court.

Paul Randall, 39, told police he had been working at his Emu Creek Rd home on Sunday, July 22, last year, when he was attacked and stabbed by neighbour Brian Andrew Garland who lived two houses away.

Garland, 41, has pleaded not guilty to grievous bodily harm and is claiming he acted in self defence when Mr Randall turned up at his home that evening and attacked him.

Garland's then de facto partner Anna Frost told the court she had that afternoon heard then saw a white Commodore sedan doing burnouts on the street.

The car pulled into Mr Randall's home and she saw him get out of the car and yell toward Garland in their back yard "Tonight's the night, ****. It's all going to happen tonight".

Ms Frost said a short time later Mr Randall had walked into their yard with a "crazy" look on his face and appearing very aggressive.

She said she told Mr Randall to "F*** off".

"I was afraid," Ms Frost said when asked in cross examination by Garland's barrister David Jones how she had felt at that point.

As he walked passed her he had said "Hope you don't mind what's about to happen", she said.

Ms Frost said Mr Randall had then approached her partner throwing punches "very quickly" and that Garland had grabbed hold of him.

Mr Randall's punches had struck her partner's chest and neck and Garland had then thrown a punch which had both men stumbling back.

She said Mr Randall had gone at Garland again, throwing punches, as Garland was backed up against the table on which was a number of items including a knife used to open pet food.

She saw Garland seemingly throw two punches and Mr Randall had said "You stabbed me. You're gone ****. You're gone for attempted murder".

Ms Frost said as the pair separated she saw Mr Randall take his hand from his pocket and he had what appeared to be a steak knife.

She said Garland ushered her inside and then he made a 000 call during which he had cried and after which he had vomited, she said.

The jury heard closing addresses from Crown prosecutor Aleksandra Nikolic and defence barrister David Jones yesterday afternoon.

The jury is expected to retire to consider a verdict this morning after Judge Greg Koppenol completes his summing up of the case.