Details of fatal assault in Wycheproof heard in court

AN electrician has pleaded not guilty to the manslaughter of a fellow golfer at the Wycheproof Golf Club in 2019.

Dane Edward McLennan, 28, entered the plea in the Supreme Court in Shepparton on Thursday.

John Durie allegedly died after being hit to the head with a single blow during the club’s annual golf day in August 2019.

The court heard McLennan told police he had never punched anyone before he angrily took a swing at Mr Durie.

Defence barrister Geoffrey Stewart said there was medical evidence to suggest Mr Durie might have died from a pre-existing brain bleed.

“It’s an issue as to whether Mr Durie died as a result of the blow to the head, or as a result of … a ruptured aneurysm, unrelated to any physical force,” he said.

Mr Stewart said the accused had no prior criminal history and was a person of “good character, more than good, exceptional character”.

Crown prosecutor Patrick Bourke, QC, said McLennan punching him in the head in anger went beyond lawful jostling.

Mr Durie had a habit of wrestling with his mates as “horseplay” when he had been drinking.

“What had been consented to was some physical horseplay, in a fun spirit between two mates,” Mr Bourke said.

“To punch someone in anger goes beyond that, so it’s therefore unlawful, and to punch someone in the head is dangerous.”

When Mr Durie was punched, he turned blue and never regained consciousness.

The trial, before Justice Lesley Taylor and a jury, was expected to run for around a week.