Wollongong murder trial of Paul Cairney aborted with new date set for 2025

A Wollongong murder trial nearly two years in the making came to an abrupt halt earlier this week before the jury was discharged in the “interest of justice”.

Paul Cairney’s murder trial in the NSW Supreme Court at Wollongong was aborted this week.

A Wollongong murder trial nearly two years in the making came to an abrupt halt earlier this week before the jury was discharged in the “interest of justice”.

Paul John Cairney, 53, was standing trial in the NSW Supreme Court sitting at Wollongong after pleading not guilty to the murder of his close friend Jason Smith.

The trial heard about two days of evidence before being aborted on Monday with the case adjourned until Friday after “new prosecution material” had been served on the defence.

Justice Stephen Campbell said the material had surfaced before last weekend, noting there was the prospect of a new jury being empanelled earlier this week with a second trial proceeding.

However, Justice Campbell indicated “justice must be seen to be done” and said it was in the interest of justice for more time to be given

With Friday’s decision the accused will now spend a third Christmas behind bars on remand as he waits for the relisted trial in May, 2025.

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

The trial, which has a three-week sitting estimate, will be held in Sydney due to the sitting constraints of Wollongong courthouse.

The aborted trial had heard Mr Smith was killed by a stab wound to the upper chest inflicted by Cairney on the evening of November 18, 2022, after a dispute at the accused’s partner’s home on Turner Esplanade, Bellambi.

Crown prosecutor Kate Ratcliffe outlined the case during her opening submissions last week, stating the incident happened a short time after Mr Smith had returned to the Illawarra after living in Gosford.

Ms Ratcliffe told the jury Mr Smith was living out of a trailer in the driveway of Cairney’s partner Sandra Ponfield, but had overstayed his welcome with the couple telling him to leave.

The court heard a verbal confrontation escalated to a physical one, with moments captured on security and dash cameras as well as multiple being witnessed by multiple neighbours.

The jury heard the fatal moment occurred in Ms Ponfield’s backyard where Cairney stabbed Mr Smith with a kitchen knife before fleeing the scene.

This was not captured on camera, however, Cairney’s barrister Siobhain Climo submitted he was acting in self defence and a dispute in the case was whether Mr Smith was armed when he entered the backyard.

The court heard after being arrested Cairney told police “he nearly killed me tonight, it was either him or me”.

“We both had knives and mine went in before him otherwise I would have a stab wound too,” Ms Ratcliffe told the court Cairney informed police.

“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.”

Got a court yarn? Email [e-mail]