Accused takes the stand

A 41-year-old man accused of murdering a 23-year-old man in a Glen Iris driveway insisted yesterday that he stabbed him, despite the prosecution claiming he is covering up for his son.

Colin John Smith took the witness stand yesterday in his Supreme Court trial and repeatedly admitted to stabbing Jarrad Fitzpatrick on November 28, 2009 at the home of Renee Kipling, an ex-girlfriend of his son, Kenneth John Smith, 21.

Colin Smith pleaded not guilty to murdering Mr Fizpatrick, with his lawyer stating it was manslaughter.

Kenneth Smith has also pleaded not guilty to murder while his mother Tanya Louise Smith, 39, pleaded not guilty to manslaughter and to an alternate charge of being an accessory after the fact.

Colin Smith repeated ``I stabbed him’’ to prosecutor David Dempster when Mr Dempster suggested to Colin Smith that his admission to stabbing the 23-year-old was to cover for his son.

Mr Dempster said in a recorded phone call between Colin Smith and his daughter Nartisha Smith one month after the attack, Ms Smith told Colin Smith people do not believe that he stabbed Mr Fitzpatrick.

``As soon as I said it, I knew he didn’t believe me, and my lawyer I gave my statement to didn’t believe me either,’’ Colin Smith said.

He told his daughter he would plead guilty at the earliest time so the matter would not have to go to trial and he would not have to lie under oath.

Mr Dempster also questioned Colin Smith about a recorded phone call between Ms Smith and Colin Smith in May in which Colin Smith said: ``Someone has to pay a price and it may as well be me. Otherwise your brother is going to go down for it and I don’t think he is strong enough.’’

Mr Smith said he did not want Kenneth to ``wrongfully go down’’ for the murder.

Colin Smith’s lawyer Michael Joubert asked Colin Smith if he would cover up for his son and take the blame for stabbing Mr Fitzpatrick.

Colin Smith replied: `` No, I would not.’’

Kenneth and Tanya Smith did not give evidence in court, however a police recorded interview with Tanya Smith revealed Kenneth Smith was hospitalised in a Rockingham psychiatric unit a week before the fatal stabbing.

The prosecution and lawyers for the three accused are expected to make final closing arguments today.