Phillip Alistair Harris murder trial: Police interview played to jury as more details emerge of death of Peter Weaver
When police responded to an earlier house fire at an elderly Toowoomba man’s home, who was months later found dismembered and burnt inside his home, the man on trial for murder told officers he was forced to punch and kick the man in the head.
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During day six of the trial of a Toowoomba man accused of brutally murdering his neighbour on a hot summer night weeks before Christmas in 2019, the jury was told more details about a prior incident between the pair.
At the Toowoomba Supreme Court on Tuesday, November 19, Phillip Alistair Harris, 34, pleaded not guilty to the murder and mutilation of Peter Weaver, 63, and his loyal dog Max before a jury and Justice Thomas Bradley.
Autopsy examinations showed Mr Weaver died as a result of fatal stab wounds to his lungs and heart and Max’s throat and neck had been cut.
The men who lived about 100m apart met on occasion when their dogs escaped their yards, the court was told.
At the start of the trial, Mr Harris pleaded guilty to setting fire to Mr Weaver’s South Toowoomba home, 8 Rivett St.
Around 8pm on Sunday, December 15, firefighters responded to the house fire, finding the home fully engulfed in flames – they also found human limbs in different sections of the home, along with a dead dog, two large hunting knives, and a handheld circular saw.
The court was told months prior in March 2019, police were called to Mr Weaver’s home about 12.45am after receiving reports of a possible house fire – which was out upon their arrival.
The airconditioner unit attached to the rear of Mr Weaver’s backyard was heavily fire-affected, and he told officers he had been in bed when he woke up to Mr Harris knocking on his door which is when he saw the fire in the backyard.
Police allege Mr Harris went to the property to take Mr Weaver’s Xanax – the same alleged motive behind the father of four’s death.
Footage from that incident was played to the jury on Monday, November 25, which showed a disorientated Mr Weaver opening his front door for an officer – he was bleeding from a cut above his eye.
The court was told he also had burns to his hand from putting the fire out.
Mr Weaver said when the fire was out he was sitting down in his backyard when Mr Harris first punched him to the side of his head.
When police arrived on the scene, Mr Harris emerged from the side of the home, and soon after he told officers he was going for a usual late night walk at 11.30pm when he noticed smoke from burnt plastic in the street.
He told officers he went to Mr Weaver’s home for a number of reasons, including to take Max home, “support him,” and because Mr Weaver was the only person he knew on the street. He also went to the high-set home to get a better vantage point of where the fire might be.
A former girlfriend told the court Mr Harris called her that same night, telling her that he came across a house fire and when he tried to save a man and his dog he was forced to knock the man out after being blamed for the fire.
Mr Harris told officers when he got to the home Mr Weaver had already put the fire out.
In an audio recording played to the court, Mr Harris alleged Mr Weaver became extremely aggressive and accused him of setting the fire and stealing his Xanax prescription when he entered Mr Weaver’s home on a prior occasion to return the staffy.
He alleged while protecting himself he punched Mr Weaver, who allegedly raised his arms, in the head three times and kicked him in the head as he fell to the ground.
“I thought he was going to hit me so I f--king punched him,” he told police.
“This has progressed to the backyard.
“I collected myself and stood back in fight stance which I’m trained to understand.”
He said Mr Weaver had been talking nonsense and was drunk – like every other interaction he’d had with the man.
Officers who attended the home said they couldn’t smell alcohol on Mr Weaver but he seemed to be quite intoxicated as he was unsteady on his feet, hard to understand, and his speech was slurred.
Earlier in the trial, the court was told the pensioner had a brain injury from the 1990s which caused permanent injuries which affected Mr Weaver’s speech and resulted in him having slow and slurred speech.
One of Mr Weaver’s children told the court after the alleged assault, which saw Mr Weaver spend a few days in hospital, her father’s condition worsened.
When Mr Harris was formally interviewed as a suspect at the scene of the March fire, he asked officers if he would be arrested after the questioning or if he would be going to bed and be able to attend church in the morning.
During the interview Mr Harris told the officers the fire had 100 per cent been deliberately lit and it seemed to him someone used a nearby carpet roll as an igniter on top of the unit which looked to have been lit from the centre rather than the corner “like normal”.
“I was telling Peter I had to get QPS (police) involved … it didn’t seem that it was deliberately lit by himself … it seemed to be a heinous act of arson,” he said.
Mr Harris told the officer he used his torch to inspect the fire damage and saw what looked to be carpet that had been removed from the top of the unit and scrapped upon the concrete.
“I could see the scuffs from leaves and dirt and also moisture” from where the carpet had been dragged and placed onto of the unit, he said.
While the officer formally questioned Mr Harris’ version of events, his temper raised, in particular the time he left his home from when he called “fire comms”.
“Why are you questioning me like I’m a suspect?” Mr Harris said.
“Because you are … that’s why I warned you right at the start,” the officer responded.
“Well that’s bulls--t, I’ve been co-operative.” Mr Harris said.
“My story still lines up with the timeline whether it’s two hours out (or not), if the fire was burning for two hours the house would be rubble okay? Don’t f--k with me.
“You’re trying to question me, trying to f--king get me to fall into myself.
“I’m not in police custody right now … I’m being questioned but you’re trying to f--k with me … questioning me about a f--king time frame and I’ve been more than co-operative.
“The only reason I f--king hung around here was because he was drunken and violent and I had to hit him twice, that’s the only reason I stuck around here to make sure he was safe.
“Obviously someone lit it and I’m trying to help him out and trying to help you guys out … it’s bulls--t.”
He said he’d had a few beers so his “consciousness of time was skewed,” and apologised for “getting a bit antsy”.
Mr Harris said that same evening he went home twice to return Max, where he moved things around in the yard to ensure he couldn’t escape again.
“I wouldn’t trespass I love that dog he’s gorgeous but I mean it’s not my job … so I f--king do this”.
The officer asked Mr Harris why he didn’t leave the house.
“Because I contacted fire comms and I wanted to make sure he was OK and nothing else was going to peruse further from it,” he said.
When asked what he meant by that Harris said the man was “always extremely unstable” and he didn’t want him to harm himself further.
He said Mr Weaver’s versions of events could not be trusted and his assault was the result of his alleged alcoholism.
At the time of Mr Weaver’s death, the court was told he had no alcohol in his system.
The trial continues.
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