The exchanges before the alleged attempted murder

BAD blood from before the accused and alleged victim even met face-to-face was a key element leading up to the alleged attempted murder machete attack on a Gracemere man, a court heard. 

That is what the jury heard in the trial of Daniel John Shields in the Supreme Court in Rockhampton this morning.

Mr Shields has pleaded not guilty to attempted murder, and not guilty to an alternative charge of malicious act intended to cause grievous bodily harm.

His alleged victim - Raymond Jarvis - has started giving evidence about the lead up to the incident in Gracemere on February 6, 2019, and what his recollection of what happened that day.

READ MORE: Alleged first blow in attempted murder was with machete

Crown prosecutor Joshua Phillips said Mr Jarvis, many years ago, was in a relationship with Allison Whyte with whom he had three children - two girls and a boy.

He told the court Ms Whyte started a relationship with Mr Shields when she left Mr Jarvis, which continued up until this incident before the court.

 

Crown prosecutor Joshua Phillips outside the Rockhampton Court House. Pictures: Jack Tran
Crown prosecutor Joshua Phillips outside the Rockhampton Court House. Pictures: Jack Tran

 

 

Mr Phillips said Mr Jarvis and Mr Shields had a few exchanges over the years.

Mr Jarvis told the court the relationship between himself and Ms Whyte had ended about 10 years prior to the alleged attempted murder.

He said he became aware of Mr Shields prior to meeting him for the first time at "shopping fair", where he alleged Mr Shields yelled out something and Mr Jarvis' relative pointed out Mr Shields to Mr Jarvis.

Mr Jarvis alleged he approached Mr Shields and casually "offered him outside", having been sent alleged text messages from Mr Shields threatening him.

Under cross examination, defence barrister Scott Moon put to Mr Jarvis that Mr Shields never sent him a text message, which Mr Jarvis disagreed with, saying the message could have come from Ms Whyte's phone.

The court heard of another incident where Mr Jarvis accused Mr Shields of coming at him with a shovel when Mr Jarvis had driven a mate around to Mr Jarvis's house, looking for the mate's partner.

Mr Jarvis told the court his mate's daughter was in the back of the car and when his mate started yelling out to his partner, Mr Jarvis decided to take the daughter away from the scene and planned to take her to the park across the road.

However, Mr Jarvis claimed Mr Shields ran at him with the shovel when Mr Jarvis reached the footpath.

Alleged attempted murder victim Raymond Jarvis leaving the Rockhampton courthouse during the lunchbreak on day one of the trial of his accused attacker Daniel John Shields.
Alleged attempted murder victim Raymond Jarvis leaving the Rockhampton courthouse during the lunchbreak on day one of the trial of his accused attacker Daniel John Shields.

"He was going to hit me with it," Mr Jarvis said.

He claimed he tripped backwards and fell onto the garden bed and Mr Shields pointed the shovel at him on the ground.

"I told him if he doesn't use it, I'm going to use it," Mr Jarvis said.

He claimed his mate saw the commotion and walked over and Mr Shields turned around and walked away.

However, under cross examination, defence barrister Scott Moon put another scenario to Mr Jarvis where Mr Jarvis and his mate both yelled out and banged on windows and doors of Mr Shields's house before he came out with the shovel.

Mr Jarvis denied this occurred.

He did agree that Ms Whyte and her friend Lyneeka had been drinking at Mr Jarvis's place earlier that night and had left to get more alcohol.

Mr Moon also alleged Mr Jarvis made threats to kill Ms Whyte that night at Mr Shield's place, which Mr Jarvis disagreed with.

The court heard Mr Jarvis attended the residence the next day and ended up with two convictions for domestic violence offences - out of 20 on his criminal record since 2001.

Mr Jarvis said he did not think he had threatened Ms Whyte at either visit.

Mr Moon also went over Mr Jarvis's criminal record in relation to dishonesty offences, including one for stealing salt and pepper shakers, and a burglary offence which Mr Jarvis claimed he didn't take anything.

"That bloke smashed my car," Mr Jarvis said.

"I went to his house and smashed up his house."

Mr Moon put it to Mr Jarvis that he did it out of revenge and "if someone provokes you, Raymond Jarvis will fix the issue".

Mr Moon pointed to other stealing offences on Mr Jarvis's criminal record, including one involving a phone.

"It was a phone left at the servo so I took it," Mr Jarvis said.

"It was laying on the ground."

Mr Moon continued with Mr Jarvis's criminal record, including a fraud conviction for a generator, stealing women's underwear from Best and Less, and other shoplifting offences.

Mr Moon accused Mr Jarvis of being a "dishonest person" to which Mr Jarvis said "that's what you are saying."

Mr Jarvis also accused Mr Shields of coming at him with a baseball bat after overtaking him on Gladstone Rd and throwing a bottle of milk at his car.

Mr Moon alleged that incident never happened.

Another incident Mr Jarvis accused Mr Shields of coming at him with a weapon involved Mr Jarvis being outside Mr Shields' house as Ms Whyte collected her belongings from the house.

He alleged Mr Shields came out armed with an axe and chased him around his car until Mr Jarvis retrieved a tyre iron from the back floor of the vehicle.

Mr Moon accused Mr Jarvis of threatening Mr Shields when he was there with Ms Whyte and that was why Mr Shields had the axe.

"I disagree 150 per cent," Mr Jarvis said.

He claimed another person had filmed the incident and Mr Shields rang police after he left, telling them Mr Jarvis had the axe, which led to Mr Jarvis being pulled over by police after the Yeppen roundabout where he caused a public nuisance offence.

Mr Moon also asked if Ms Whyte had attended his residence in the days prior to the alleged attempted murder.

Mr Jarvis said she came over two days prior because he (Mr Shields) had bashed her, but he "sent her away" because he had a new girlfriend and didn't think she would like Ms Whyte being there.

The trial continues today.


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