AN Ultima man accused of murdering a fellow resident on Boxing Day in 2017 has been acquitted of all charges.
Steven Dunn walked free from the Mildura Supreme Court last Tuesday after a jury found him not guilty of the murder of Nick Bruton on the grounds of self-defence.
His release followed 21 months in custody and a three-week trial during which the defence argued Mr Bruton entered Mr Dunn’s property on a “quest for revenge”.
Police told the court Mr Dunn, 51, used a machete to slash Mr Bruton in the chest in the early hours of December 26, 2017.
Prosecutors argued that Mr Dunn’s use of a machete against Mr Bruton, 39, was unnecessary, asserting he was unarmed and posed no real threat.
Mr Bruton was rushed to hospital by friends, but died as a result of the chest wound about 3am the same morning.
Pleading not guilty on the grounds of self-defence, Mr Dunn’s lawyer told the court Mr Bruton had come to the accused’s residence on a “quest for revenge” following an earlier altercation.
The court heard police had been contacted by Mr Bruton and a friend, Tarquin Piechatschek, on Christmas Day to report the previous altercation during which it is understood Mr Bruton confronted Mr Dunn over behavioral concerns.
Police reportedly told the pair it was not a criminal matter at the time, but to contact police again if needed.
The court heard Mr Bruton was upset with what he considered was a lack of response by police.
The court heard he left a Christmas party after midnight, and was believed to have headed towards Mr Dunn’s house to confront him.
Ms Piechatschek was said to have intercepted Mr Bruton before he reached Mr Dunn’s property and convinced Mr Bruton to turn back, before Mr Dunn ran towards them with the machete.
In her closing address, Crown prosecutor Catherine Parkes told the jury the accused “attacked an unarmed man walking away”.
But, the account put forward by the defence argued Mr Bruton and another man reached Mr Dunn’s property and shouted threats, before the accused met them in the driveway, with the machete for self-defence.
Following the altercation, Ms Piechatschek helped Mr Bruton into the back of her car, driven by her niece, and raced to Swan Hill District Health.
Mr Bruton was pronounced dead at the hospital, and Mr Dunn was arrested a short time later.
Mr Dunn reportedly called triple-zero three times that morning, the first call made at 1.33am reporting people throwing rocks at his house and requesting police attendance.
A second call was made at 1.58am, asking where police were.
The third and final call was made at 1.59am, with Mr Dunn reportedly telling the operator “one bloke has been hurt”.
In a Boxing Day interview with police, hours after his arrest, Mr Dunn reportedly told police he had only acted to protect himself, and didn’t know Mr Bruton would die.
During the interview, which was played in court, Mr Dunn told the detective he “felt sorry for this guy”, but it was “his own fault for doing what he did and coming to my house”.
Another Ultima resident, acting as a witness, told the court they had heard a man shouting “leave me the f*** alone” and get the f*** out of here” around the time of the incident.
In his closing address, defence barrister John Desmond said the series of events sparked by the incident on Christmas Day led to Mr Bruton’s “untimely and very tragic death”.
He added Mr Bruton, under the influence of alcohol, had made decisions he “wouldn’t normally make in the cold light of day”.
It also argued it was “plausible” Mr Bruton had initiated the confrontation.
The jury ultimately sided with the argument of self-defence, finding Mr Dunn not guilty of either murder, or the alternative manslaughter charge.
Mr Desmond told media following the trial the result had reinforced his and Mr Dunn’s belief in the criminal justice system.
“An innocent man walks because the Crown was unable to meet its burden of proof,” he said.
— As reported by the ABC
