The defence counsel for a Daylesford man charged over an aggravated burglary says the victim lied to police and while he was under oath in court.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Barrister Cynthia Lynch told a Ballarat jury at the County Court on Friday her client, Shayne Petkovic, was innocent until each element of the charges had been proven beyond reasonable doubt.
"When you scrutinise (the victim's) evidence, you can never convict Mr Petkovic," Ms Lynch told the jury during her closing address.
She said the victim was called out a liar when he denied following a woman, who was the subject of the alleged fight between the men, on the day of the incident.
The woman was a credible witness when she told the jury she became worried after the victim followed her into town on February 17, 2017, Ms Lynch said.
"I say to you that (the victim) right from the start is telling a lie to you all. Because of that, you must have some serious doubts about the evidence and what happened to Shayne Petkovic at the house that day," she said.
Ms Lynch urged the jury to assess whether Petkovic's alleged two punches to the victim was necessary to defend himself during the fight at the victim's Musk house.
The jury had been told Petkovic, 41, was very annoyed when he drove his BMW to the victim's Musk house to confront him about the woman who had complained about him.
Crown prosecutor Bruce Nibbs reminded the jury the victim said Petkovic was the aggressor during the whole incident.
He said the victim described Petkovic as being out of control and told him to get off his property before the incident became physical.
"Here is a man who has come to the house as the aggressor," Mr Nibbs said.
Petkovic has pleaded not guilty to eight charges, including three counts of making a threat to kill, two counts each of intentionally causing injury and recklessly causing injury and one count of aggravated burglary.
One making a threat to kill charge was withdrawn because the victim did not give evidence it occurred. The trial, before Judge Michael McInerney, will continue on Monday.
READ MORE:
Have you signed up to The Courier's daily newsletter and breaking news emails? You can register below and make sure you are up to date with everything that's happening in Ballarat.