Killer dad claims Heidi Strbak was violent towards Tyrell Cobb in days before his death
The step-father of Tyrell Cobb has been at the centre of a fiery cross-examination in court in which he was accused of having anger issues, being a racist and striking the blow that led to the four-year-old boy’s death.
Police & Courts
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Killer stepdad Matthew Scown has been torn to shreds on the witness stand by top QC Saul Holt who accused him of having anger issues, lying to police, being a racist and striking the fatal blow against slain boy Tyrell Cobb.
Scown has been repeatedly scolded by Justice David Boddice for his “vitriolic” exchanges with defence barrister Saul Holt QC, asking how his evidence could be accepted when he continued to be “argumentative” and not listen to questions being asked of him.
Scown, who was jailed over Tyrell’s tragic death, is giving evidence in the Brisbane Supreme Court where the boy’s mum Heidi Strbak is being re-sentenced for the manslaughter of her son in 2009 after she successfully appealed an earlier nine year jail term in the High Court.
Mr Holt detailed a series of injuries to Tyrell in the days before he died.
“Do you say it was just a coincidence that all these bruises start emerging to Tyrell in the period of time that you move in to the home?,” he asked Scown.
“You can allege whatever you want to allege,” Scown replied.
Mr Holt responded: “I didn’t allege anything, I asked you. Now the reason I suggest to you, so let’s not beat around the bush Mr Scown, the reason why this boy had unexplained injuries within that six day period within which you moved in is because you caused them.”
“No not at all,” Scown said.
Mr Holt repeatedly questioned Scown about whether he had a problem with anger which he denied.
The barrister questioned Scown about his lengthy criminal history of violence including an incident where he pushed a woman over and threatened to kill her, another incident in which he punched a man for having a cigarette with his ex-partner, another incident in which he was caught with a sawn-off shotgun, a case where attacked a security guard with a belt and another case in which he smashed a man’s car with a baseball bat.
When Scown tried to rationalize many of the incidents, Mr Holt said: “Mr Scown forgive me on your account of your life over the last 12 years or so you appear to be the victim of some extraordinarily bad luck…”.
“Did I go off the rails, of course I did,” Scown responded.
“Of course my life is going to take a bad turn after what happened.”
Scown tried to blame his violence on “many other matters I had going on in my life at that time your honor”.
Mr Holt replied: “The many matters going on in your life seem to be punching people in the head mainly.”
Throughout the hours of cross examination, Scown became frustrated, cutting off barristers and not responding to questions.
“Listen to the question and answer it because Mr Scown you are not helping your cause at all in being argumentative in respect of these matters,” Justice David Boddice told Scown.
Mr Holt said there were at least four occasions in which Tyrell had been injured in Scown’s company before he died, including when Scown “kicked him in the bum causing a bruise”, when a toy box lid fell and crushed his fingers, when he fell on concrete stairs and an incident in which the boy fell in the shower.
“You kicked a four year old boy hard enough in the buttocks to bruise him. That’s true isn’t it,” Mr Holt asked.
Scown conceded he had kicked the boy because he had wet himself but said the other incidents were accidents.
Mr Holt asked Scown did he “ever lie so much that you get mixed up and can’t remember what lies you’ve told”, which Scown denied.
The court heard Scown had an antagonistic relationship with Tyrell’s father Jason Cobb, who has Indigenous ancestry, and he would taunt him when the father called to say goodnight to his son.
In one incident, Cobb confronted Scown about kicking the little boy and Scown abused him, making racial slurs about Indigenous Australians, telling him he was “f---ing your Mrs” and threatening to “f--- him up” the next time they met.
“What did you think was going to come from saying to him that he was a black b---g?,” Mr Holt asked.
“To piss him off, to piss him off your honour,” Scown replied.
“Did you have difficulty with indigenous people?,” Mr Holt asked?
“No not at all I’m not racist, I just wanted to piss him off,” Scown said.
“Forgive me the notion that one can say I’m not a racist while at the same time call someone a black b---g I struggle with that, could you explain it to me,” Mr Holt said.
“I said to you it was to piss him off,” Scown replied.
The contested hearing in the Brisbane Supreme Court is being held to determine whether Strbak, or her then-partner Matthew Scown inflicted the fatal blow to the young boy. Strbak, who is in custody, will be re-sentenced on the evidence in this hearing.
Mr Holt accused Scown of being the one to strike the fatal blows against the little boy.
“The reality is you struck the blows that killed Tyrell,” he said.
“The changes in your account … are a reflection of the lies you’ve been telling for many years.”
“Not at all,” Scown responded.
Earlier in the day, Scown claimed Strbak waited hours to seek help when the boy fractured his arm because she wanted to “score pot” before taking him to a doctor.
Scown has told the court that in the weeks before Tyrell died, the little boy had fallen from the playground at his daycare and Strbak was called to come pick him up.
He said Tyrell was clearly in pain with a sore arm and he urged strbak to take him to a doctor.
“I made a sling from a pillow case (for Tyrell),” Scown said.
He gave evidence that he had encouraged Strbak to get help for the boy but she wanted to buy marijuana first because her drug dealer wouldn’t be available later in the day.
“ I thought that was a bit weird,” he said.
“So I rang Jason (Cobb, the boy’s father) and me and Jason had a conversation about it.”
“I said I know we don’t get along Jason but your son has had a fall at daycare and you might want to tell her to take him to hospital.”
Scown said Heidi interrupted the phone call and hung up on Mr Cobb.
“I think scoring pot or taking your son to the doctors is a no brainer,” Mr Scown said.
“I thought you would have taken him straight away after a fall at daycare.”
Scown has also given evidence that Strbak was violent toward her son in the days before he died on Sunday May 24, 2009, saying he witnessed her striking the boy across the side of his ribs on the Friday and slapping him across the face with an open palm on the Saturday evening, causing bruising to his face which appeared the following day when he died.
“There was one time there she marched him to his room and smacked him…on his right side,” he said.
“There was another time we were sitting at the table, he just vomited … and he she slapped him across the face and that was the bruising that was under the eye.”
Scown was sentenced to four years in prison for Tyrell’s manslaughter but the sentence was immediately suspended on the day of his sentence because he had already served two years and eight months in custody.
But Scown breached the sentence by committing almost 30 more offences early last year including fraud and drug driving, landing him back behind bars until he was released in January this year.
But the court today heard Scown is again in custody after he breached his parole earlier this year after he failed a drug test. He is due to be released from prison in January.