Racism could have led to fall, court told
9th April 2008, 13:30 WST
The death of a man who fell from a window during a fight was a tragic accident that may have been sparked by racism, a Victorian court has heard.
Albert Snowball, 22, of Perth, died after plunging four metres from a window at a party at a warehouse in Brunswick, in Melbourne’s north, on November 27, 2005.
Boxer Khalid Baker, then 18, and his co-accused AB, then 17, who cannot be named, are pleading not guilty to his murder in the Victorian Supreme Court.
The crown alleges the accused fought with Mr Snowball in an unprovoked attack on a stairway landing, causing him to tumble out of a window and hit his head on the footpath.
It alleges the accused acted together to seriously injure the victim, who died in hospital two days later.
Baker’s lawyer John Desmond rejected crown allegations the fight was unprovoked, suggesting it might have been sparked by racism.
He asked jurors to consider what prompted Baker to go up the stairs and confront Mr Snowball as he was leaving the Hope Street party.
“Was he insulted or vilified? That will be a fact you need to determine,” he said.
Mr Desmond said his client did not enter any agreement or understanding to cause Mr Snowball really serious injury.
“This short-lived fight broke out almost spontaneously,” he said.
“It’s individuals reacting to unfolding events.”
Mr Desmond said Baker had joined in the fight to defend his friend and it escalated.
He said Baker’s involvement in earlier fights at the party that night did not prove he had murderous intent.
He said jurors needed to determine Baker’s role in the fight and whether he was the principal player.
“It was a tragic accident. That’s the central issue in this case,” he said.
Mr Desmond also asked jurors to be critical of evidence to be given by young people who attended the event.
He said many were affected by drugs or alcohol at the time and would have difficulty recalling events going back two years.
The trial before Justice Simon Whelan continues tomorrow.
AAP
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