Jury retire to consider verdict after closing statements delivered in trial for violent Stirling Terrace brawl
A jury has retired to consider the verdict in the in the case of Albany brothers Joel and Anthony Coyne.
Anthony Willis Coyne, 29, and Joel Derek Coyne, 33, are on trial in the Albany District Court, accused of being involvement in a violent brawl on Stirling Terrace in 2021 that left two men fighting for their lives.
The brothers both face charges of endangering the life, health or safety of a person and being armed or pretending to be armed in a way that may cause fear.
The final witness accounts were heard on Tuesday.
After six and a half days of evidence presented to the jury, the State and defence both presented their closing arguments on Wednesday and the jury were retired at 11.09am on Thursday to consider a verdict.
State prosecutor Edward Fitzpatrick urged the jury to be unemotional and to assess the evidence as is.
Imagery from the CCTV footage, shows the fight lasting between six and seven minutes, was described as “confronting and disturbing.”
The State contends that when the larger group consisting of Paul Hayward, Britney Ford, Corey Woods, Lincoln Colbung, Trymain Maxton approached the two Coyne brothers and Russell Wynne in a historical gazebo – they were initially unarmed.
The group consisting of the two Coyne brothers and Russell Wynne were argued by Mr Fitzpatrick to have pulled their weapons first, triggering the start of the violent brawl.
Paul Hayward was described by Mr Fitzpatrick to have behaved in a “disgusting, violent horrible manner” and that he was not simply a victim of the night, dissenting from the notion Mr Hayward is innocent.
Mr Hayward’s testimony provided during the trial was referenced by Mr Fitzpatrick, stating he lost consciousness during the brawl and was unarmed when he was hit by the blunt side of a machete by Russell Wynne.
Mr Hayward had testified that Russell Wynne went to town on him with the machete, aiming blows directly toward his throat which he used his hands to stop the attack suffering lacerations as a result.
The attack on Mr Hayward under the gazebo was described as an act that’s “not self-defence, its revenge, it’s settling a score.”
“They were in no way defending themselves,” Mr Fitzpatrick said.
The closing statements from Joel and Anthony Coyne’s defence lawyers urged the jury to set aside any preconceived notions about the brother’s family name, a familiar one too many within the Great Southern, stating the pair have the right to the presumption of innocence.
The defence urged the jury to consider the intent behind the actions and judge the degree of violence that occurred.
Anthony Coyne’s defence lawyer Jonathon Davies argued his client had “no intent at all than to ward off and deter” for fear of a future attack, saying the trio had been initially advanced upon by a large group known to them, and were outnumbered.
Referring to testimony provided by Joel Coyne, it was argued that the response to the “ambush” was a fight or flight response when the he was faced with sudden danger.
It was argued by the defence that despite weapons being found inside the boot of the maroon car any fingerprints and DNA samples were not taken from the weapons.
Joel Coyne’s defence lawyer Bruno Illari said the trio were “defending themselves” against the more dangerous and belligerent Paul Hayward who was brandishing a machete.
Source: News
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