The defence in the Kelly Friday murder trial has accused a police investigator, who testified yesterday, of conducting a one-sided investigation by not immediately accessing a key piece of evidence.
Yesterday, Constable Kenneth Charles admitted that he did not immediately gain access to the wattle stick the deceased used to beat Friday before Friday turned to stab his uncle.
The defence alleged that Charles failed to secure the weapon that 50-year-old Selwyn Mannix used to beat his nephew in the head during an altercation that led to Mannix’s death.
It was also disclosed that Constable Charles neglected to immediately collect the wattle stick for the defendant to identify, and was only able to access it three months later, which he said was due to Covid-19 restrictions.
But defence attorney Wendel Alexander argued that Charles did not consider the wattle stick was important enough evidence and so did not make an effort to get it earlier, like he did the knife that was used to kill Mannix.
On Monday, testimony from officers revealed further lapses in procedure, with one admitting to failing to take notes on the day of the incident due to not having his official notebook. Additionally, it was disclosed that no autopsy was conducted on Mannix’s body, as he tested positive for Covid-19.
At some point during the altercation, Friday began punching, then stabbing Mannix who fell to the ground. As Friday attempted to leave, a bystander discharged a gunshot into the air to stop him.
The bystander, Youthann Henry also known as Comrade Leader, then ordered Friday to lie on the ground before proceeding to kneel on his back and instructing someone else to tie him up. Henry, who was a childhood friend of the deceased, told the court that the person had “reservations” because Friday was bleeding from his hand.
Upon inspection, he noticed his friend also had a wound close to his heart. Two people then loaded Mannix into the back of a pick-up truck and transported him to the hospital.
Friday had lacerations to one of his fingers and complained of pain in the back of his head which was slightly swollen. He was transported to the hospital via an ambulance. An officer testified to seeing Friday with a laceration to one of his legs, a bandaged hand and a swollen head while sitting in a wheelchair at the hospital.
Witnesses, including police, who testified all recounted that Friday said he did not mean to kill his uncle. Video footage apparently showed Friday crying while he was tied up at the wharf.
The matter has been adjourned until Thursday.