Paul Cairney told police he was acting in self defence hours after fatally stabbing Jason Smith at Bellambi

The man accused of murdering his best friend during an altercation in the Illawarra told police hours after the fatal stabbing “he nearly killed me tonight, it was either him or me”, a court has heard.

Paul Cairney has pleaded not guilty to murdering Jason Smith. Picture: Facebook

The man accused of murdering his best friend during an altercation in the Illawarra told police hours after the fatal stabbing “he nearly killed me tonight, it was either him or me”, a court has heard.

The details emerged during the second day of the trial of Paul John Cairney in the NSW Supreme Court sitting at Wollongong on Friday.

Cairney, 53, previously pleaded not guilty to murdering Jason Smith with the court hearing he believes he was acting in self defence when he stabbed his mate in the backyard of his partner’s Bellambi home on December 18, 2022.

The court previously heard Mr Smith, 52, recently relocated back to the Illawarra from the Central Coast and was living in a trailer parked on the accused’s partner Sandra Ponfield’s home on Turner Esplanade.

Crown prosecutor Kate Ratcliffe said, during her opening submissions, the accused and his partner were “disturbed” by Mr Smith drinking all day and staying up late, asserting they felt he was “taking advantage of the hospitality extended” to him.

The trial is taking place in Wollongong.

The court heard there was an initial confrontation about 5.30pm where Cairney told Mr Smith to leave with his trailer and belongings before pushing it onto the road.

The final fatal moments came about an hour later with Ms Ratcliffe telling the jury a motion-activated dashcam picked up Cairney armed with a knife before walking into the backyard where Mr Smith was ultimately stabbed in the upper chest.

On Friday, Ms Ratcliffe continued her opening address, submitting dashcam footage depicting Mr Smith staggering out of the backyard before collapsing near a ute on the road with blood-splattering over the vehicle.

She told the court Cairney left the scene after telling someone “He tried to stab me, I stabbed him and I have to go”.

The court heard he went to a friend’s place to have a cigarette before being arrested at his brother’s nearby address shortly before 10pm. Cairney was wearing clean clothes with the clothing worn at the time of the stabbing unable to be located by police.

Paul Cairney told police he was acting in self defence. Picture: Facebook

At Wollongong Police Station Cairney was treated by paramedics for an injury sustained after Mr Smith had delivered nine blows to the head with a 2m metal pole during the first confrontation.

The court heard he agreed to be interviewed and he told police Mr Smith had threatened to “run a knife through” him.

“He came through, pushed me up against the tin shed, pushing me, punching me and I swung him around,” Ms Ratcliffe submitted the accused told police.

“We both had knives and mine went in before him otherwise I would have a stab wound too.

“I’ve lost a best friend and I don’t feel good about it at all. The only thing I feel good about is it was self defence. He nearly killed me tonight, it was either him or me.”

Ms Ratcliffe told the court the knife used by Cairney was never located with the accused telling police he “wouldn’t have a clue” where it was.

Defence barrister Siobhain Climo, during her opening submissions, said it was not in dispute Mr Smith had a juice bottle with petrol in it.

Ms Climo said the deceased had threatened Cairney, “You wait until tonight I will burn all your shit”.

She said Mr Smith was with another man, who was not named and will not be giving evidence in the trial, who said: “I’m gunna destroy ya boat, I’ll burn ya boat, I’ll go ya both.”

The barrister highlighted Mr Smith’s attack on Cairney with the metal pole and how he was a man with a record of violent offending.

“Mr Smith had a tendency to provoke physical confrontations when intoxicated and engaging in fights,” Ms Climo said, referring back to an earlier submission by Ms Ratcliffe about the deceased being pulled over for mid-range drink drive on the morning of his death.

Ms Climo said another aspect of the Crown case which is disputed is whether or not Mr Smith was armed at the time.

Ms Ratcliffe had submitted he was not armed, but said there was vision of him holding a white item appearing to be a cable as he walked into the backyard.

The trial before Justice Stephen Campbell SC continues.

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