Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
A defence barrister has likened the prosecution case in a murder trial to a "school of red herrings let loose".
Stuart Littlemore, QC, used his closing submissions in the ACT Supreme Court trial of Christopher David Navin, 29, to attack the "error-riddled" Crown case, which he said required jurors to believe the accused had constructed a murder defence to avenge a $60 debt.
The Crown alleges a crushed Mr Navin murdered his former housemate, Nicholas Sofer-Schreiber, in revenge for social exclusion and rejection of his friendship.
The accused admits he caused Mr Sofer-Schreiber's death, but has pleaded not guilty by way of mental impairment.
Mr Navin claims he had been suffering from psychotic delusions at the time and believed Mr Sofer-Schreiber had hired a hitman to kill his family.
Mr Sofer-Schreiber was stabbed 73 times in his Lyneham townhouse on Boxing Day 2013.
He bled to death after two of the stab wounds severed major arteries.
The men had flatted together earlier that year, but the relationship soured and Mr Navin moved out.
Soon after, Mr Navin paid Mr Sofer-Schreiber $60 after the deceased filed civil action for the cost of damage to a garage wall.
The court has heard Mr Navin had previously suffered from psychotic depression and was admitted to hospital in 2011.
Mr Navin told psychiatrists after his arrest that, for months before the attack, he believed he had been watched by "observers", had heard voices, and thought his mind could be read.
He said he had reduced and then stopped his medication about two months before the fatal attack.
But the Crown, led by Margaret Jones, told jurors in a closing submission that spanned Monday and Tuesday, there had been limited subjective evidence to support Mr Navin's explanation of psychosis before his arrest.
Mr Navin did not report the delusions to mental health workers during check-ups, instead waiting until after he was first locked up in February 2014
Evidence presented during the 17-day trial included bugs at his Watson home and phone intercepts of Mr Navin chasing a job, calling friends, and seeking information on the police investigation.
Ms Jones said the police surveillance revealed no evidence of psychosis.
The Crown instead alleges Mr Navin harboured animosity towards Mr Sofer-Schreiber and killed him in revenge after his attempts to reconnect with friends were blocked by the deceased.
But Mr Littlemore said prosecution case had been "fanciful and unsupported".
The silk argued the Crown case would require jurors to believe Mr Navin had cynically constructed a murder defence going back months in order to avenge $60 in damage.
"[It is a] school of red herrings let loose. Stinking kippers by the dozen to distract you from the issue of how psychotic he was on that night," Mr Littlemore said.
He cited evidence Mr Navin believed mental health workers had been in league with the "observers" to explain why the accused did not report his delusions.
But Mr Littlemore pointed to some of Mr Navin's behaviour as landmarks, including unprompted overseas travel and quitting his job while claiming he could hear voices.
Mr Littlemore led jurors through Mr Navin's claimed delusions at the time, including seeing a twisted wire that he believed meant his family were in danger.
"This is deranged stuff … it is quite crazy … ravings akin to those sad people you see on the street."
The barrister urged jurors to put their trust in a number of experts who found Mr Navin – who has since been diagnosed with schizophrenia – had been psychotic at the time.
He said the issue for jurors to decide was the level of mental impairment.
Justice John Burns is expected to provide jurors with final directions on Wednesday morning before sending them to deliberate on their verdict.
