Shaun Garry Johnson on trial for alleged stabbing murder of Steven O’Brien

A Supreme Court murder trial has heard a man who slashed the throat of another at a Boxing Day party went there seeking revenge, as the defence argued the victim was likely struck by mistake.

A Newcastle man who slashed the throat of another at a Boxing Day gathering may have intended the fatal blow for someone else, a court has heard.

Shaun Garry Johnson, 38, is on trial in the NSW Supreme Court, having pleaded not guilty to murder.

He has pleaded guilty to manslaughter, claiming he killed Steven O’Brien, 50, in an act of excessive self defence.

Steven O’Brien died from a knife wound to the neck. Picture: Facebook.

The court previously heard Johnson and Mr O’Brien were drinking with a third man, Billy Gee, at Mr O’Brien’s Mayfield home for several hours on December 26, 2019, before the deadly attack occurred.

Throughout the judge-alone trial the Crown alleged Johnson slashed Mr O’Brien’s throat after accusing him of sleeping with his partner, basing their case on the evidence of Mr Gee.

The defence, which relied on recorded interviews between Johnson and detectives, claimed the accused was defending himself from a prearranged bashing led by Mr Gee.

In closing arguments on Wednesday, Crown prosecutor Neil Adams SC said the cheating allegations before Mr O’Brien was stabbed made the self defence argument “impossible”.

“The accused goes there nursing a grudge or at the very least is inflamed,” Mr Adams said.

“He creates the problem at first by accusing the deceased.

“Being a protagonist is not consistent with defending yourself.

“He had a knife on him when he went to the premises. That in itself negatises self defence.”

Police at the scene in Mayfield. Picture: Nine News.

Mr Adams refuted Johnson’s claims he was defending himself against an assault by Mr Gee.

“Mr Gee isn’t the person who was stabbed so that doesn’t give rise to that evidence at all,” he said.

Mr Adams also highlighted Johnson had not given evidence during the trial to explain why he had stabbed Mr O’Brien.

“There has been no evidence from the accused about his state of mind.

“Your Honour has heard nothing about it.”

Defence barrister Chris Watson said Johnson’s accounts in police interviews and footage of his arrest — which were played during the trial — were evidence of his state of mind.

“It’s not the case that there isn’t an account from the accused at all,” Mr Watson said.

“He’s given an account and a description to the police of what was going through his mind in the backyard.

“He gives an account about what was going through his mind particularly with Mr Gee … Mr Gee was becoming more aggressive.”

In one police interview Johnson told detectives Mr O’Brien had gotten between him and Mr Gee.

Police at the scene in Mayfield. Picture: Nine News.

“It’s our submission that more likely than not, both Mr Gee and Mr O’Brien posed some kind of threat to the accused,” Mr Watson said.

“The target, in our submission, was probably Mr Gee and not Mr O’Brien at all.

“There was a significant threat put upon the accused … particularly by Mr Gee.”

Mr Watson also argued the Crown’s case relied on evidence from an “unreliable” witness “fixated” on self preservation.

“(Mr Gee) says it’s a knife, he says it’s a pick, he says it’s a garden knife six inches long, he says it’s a silver knife with Elastoplast wrapping, he says it’s a small spiky thing.

“He gives an account the accused ran through the house waving the implement around … he gives an account the accused was seated at the table.

“The account that Mr Gee gives is a self-serving account … to distance himself from any involvement in a fight in which his friend was mortally wounded.”

Justice Richard Cavanagh will hand down his verdict on November 4.

If found not guilty, Johnson will be sentenced for manslaughter.

Shaun Johnson is facing a judge-alone trial in the NSW Supreme Court at Newcastle. Picture: AAP Image/Darren Pateman.

ON MONDAY

‘I loved that bloke’: Post-stabbing tape played in court

A Newcastle man denied slashing the throat of a man at a Boxing Day gathering, telling police “I wouldn’t hurt my friend” in an emotional interview played to a court.

Shaun Garry Johnson, 38, is standing trial in the NSW Supreme Court after pleading not guilty to the alleged murder of Steven O’Brien, 50.

Johnson no longer denies inflicting the fatal wound, pleading guilty to manslaughter on the basis of excessive self defence.

The accused described Mr O’Brien as a “damn good father and a damn good person”. Picture: Supplied.

But in a police interview recorded several hours after the attack late on December 26, 2019, Johnson told officers he had nothing to do with Mr O’Brien’s death.

“I don’t know what happened and I wouldn’t hurt my friend,” Johnson told police.

“Steven is my mate and I have not had an altercation with him ever in my life.

“I loved that bloke because he was a damn good father and a damn good person.

“I couldn’t really see why anyone would want to hurt him. I’m really struggling to understand what has happened.”

Johnson jumped between yelling, crying and noncooperative throughout the lengthy interview, which was played in full to the judge-alone trial.

At one point he stood face-to-face with a detective in the police watch house, yelling at the officer: “It’s not my f**king fault he’s f**king dead, aye. Don’t put that f**king s**t on me, right?”

In a later police interview, Johnson pointed the finger at Billy Gee, the third man drinking with him and Mr O’Brien that night and the key witness in the prosecution case.

Police at the scene in Mayfield. Picture: Nine News.

“There was only the three of us and it was the other fella,” Johnson said.

“Billy was heavily intoxicated and he was telling me he was going to kill me.

“I have no idea who this bloke is and what his connections to things are. It really makes me wonder.

“I’m a life saver, I don’t take lives.”

The court previously heard the three men had been drinking for several hours at Mr O’Brien’s Mayfield family home before an altercation occurred.

Mr Gee said Johnson accused Mr O’Brien of sleeping with his partner before pulling out a knife and slashing his throat.

The trial before Justice Richard Cavanagh continues.