Spencer Shumski trial: Jury delivers not guilty verdict to murder for fatal street fight
A jury has delivered its verdict for a man accused of murdering another man outside a Gippsland pub in a late night street fight.
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VERDICT DELIVERED: A jury has found a Sale man not guilty of murder over a fatal stabbing outside a Gippsland pub after a week of deliberation.
The jury in the trial of Spencer Shumski returned on Friday after four days of deliberation, with an unanimous decision finding Shumski not guilty of murder, but guilty of manslaughter.
Shumski is set to return to court for a plea hearing on February 14, 2025 in Morwell.
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Trial Day 12: Monday, December 9, 2024
A jury in the Supreme Court trial over the murder of a Morwell man has been told it must come to a unanimous decision over the fate of the man accused of the crime.
Supreme Court Justice Michael Croucher told Morwell court jury members they should “consider all arguments made” through the trial of 22-year-old Spencer Shumski, accused of murdering 38-year-old father Clinton Allen in a street fight outside a Sale pub in 2023.
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“It’s your view of the arguments that matters, not my summary,” Justice Croucher said.
“Consider all the arguments, not just the ones I’ve summarised.”
The court heard Justice Croucher recap arguments submitted to the jury from both prosecution and defence over the two week trial before giving his last directions on Monday, December 9.
He encouraged the jurors to ask if they needed anything explained again throughout the deliberation period.
“If at any stage you would like me to repeat or explain any directions of law I’ve given you, you can,” he said.
“It’s fundamental you understand the principles of law you must apply.”
Justice Croucher warned the jury any note passed to the jury keepers must not have any vote numbers written on them.
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“The numbers involved in any part of the deliberation must be confidential,” he said.
The jury will be supplied with full transcripts of the evidence, closing arguments and Justice Croucher’s directions as it considers the decision over Mr Shumski’s future.
The court heard the jury could also request to watch any of the evidence back again at any time.
“The verdict or verdicts must be unanimous,” Justice Croucher said.
“If you find Mr Shumski not guilty of murder, you will be asked if you find him guilty of manslaughter.
“Both decisions must be undivided.”
The jury was released for deliberation on Monday afternoon and will return when it reaches a united verdict.
Trial Day 11: Friday, December 6, 2024
The legal definitions of murder and manslaughter have been outlined to a jury ahead of its deliberation over the alleged stabbing murder of a Sale man.
Supreme Court Justice Michael Croucher told Morwell court jury members they would need to be careful in their discussions over the verdict of 22-year-old Spencer Shumski, accused of murdering 38-year-old father Clinton Allen in a street fight outside a Gippsland pub last year.
“It’s accepted by both parties that the stab wound beneath his nipple caused his death – the other did not,” Justice Croucher said, referring to first crucial criteria of a murder or manslaughter verdict.
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The jury heard in order to find Mr Shumski guilty of murder, they must “unanimously agree” that he consciously, voluntarily and deliberately acted to cause Mr Allen’s death, that he had the intention to kill or seriously injure Mr Allen and that Mr Shumski had no real legal justification to do so.
“If you doubt any of these three elements, you must find him not guilty of murder,” Justice Croucher said.
He warned the jury that reflex reactions were not included under the “consciously, voluntarily and deliberately action” criteria for neither murder nor manslaughter.
For the jury to find Mr Shumski guilty of manslaughter — rather than murder — only one element changed.
“You must be satisfied the act (the stabbing) was unlawful and dangerous, in the sense that Mr Shumski would have known he was exposing Mr Allen to serious injury,” Justice Croucher explained.
“Manslaughter is an alternate charge to murder – if he isn’t guilty to murder, you can find him guilty to manslaughter, you can also find him not guilty of both.”
However, Justice Croucher told the jury the self-defence criteria for both manslaughter and murder was the same.
“If there is a reasonable possibility that (Mr Shumski) was acting in self defence – then you must find him not guilty,” he said.
Court will resume on Monday, December 9 for Justice Croucher to continue his instructions.
Trial Day 11: Thursday, December 5, 2024
The “only appropriate verdict” in the trial of a man accused of murdering another outside a Sale pub is “not guilty”, the defence lawyer has argued in his closing remarks.
The final day of closing arguments in Spencer Shumski’s trial over the alleged murder of 38-year-old Clinton Allen wrapped up in Morwell on Thursday.
Continuing his final defence, barrister David Cronin referred to CCTV footage from the night of May 7, 2023 alongside other witness evidence heard in the trial.
He said the CCTV clearly showed Mr Allen’s friend Michael Callow being kicked out of Jack Ryan’s Irish Bar after a disagreement turned violent, and he could be seen “fighting, pushing and shoving”.
Mr Cronin told the jury Mr Callow was “yelling, angry and aggressive”.
“He’s fighting and pointing into the window to the point where the police have to be called,” he said.
“Remember what the bar staff said in their evidence – one person heard Mr Allen say (to Mr Callow) ‘I’m gonna kill you’ – it doesn’t seem like they’re friends’.”
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Disputing the prosecution’s claim that the deceased Mr Allen had been “heroic” in his defence of Mr Callow, the lawyer said he “wasn’t running in to help his mate or defend another person”.
“He’s just running in to join a fight,” he told the jury.
“Just because he’s helping (Mr Callow), it doesn’t mean he’s acting in self-defence.”
He said Mr Callow, who has since died in unrelated circumstances, had kicked at the defendant.
“Mr Callow himself told police he kicked (Mr Shumski). With all of that together, you can’t conclude Mr Shumski started that fight,” he said.
“The prosecution had to go through the CCTV slowed down and zoomed in to make that argument.”
Mr Cronin argued there was “no getting away” from the street fight for his client, denying there was an “intention to cause serious harm”.
“From the moment when Mr Allen comes running in – there is no way of getting away, (Mr Shumski) can’t turn around and run from someone who is running quickly at him on this slippery road,” he said.
“Mr Shumski said he ‘didn’t want to get my head stomped on’ – that’s what it came down to.
“He said he was ‘in fear for his life’ … and afterwards that he was ‘in shock’.
“It must have been a shocking situation … he doesn’t dispute that he did do something terrible … he went to the police and handed himself in.”
Mr Cronin said, based on all the evidence put forward, “the only appropriate verdict” in the case was “not guilty of murder, not guilty of manslaughter”.
Justice Michael Croucher is set to give the jury directions on Friday December 6, before it is released to deliberate.
Mr Shumski is pleading not guilty.
Trial Day 10: Wednesday, December 4, 2024
A man who was fatally stabbed after stepping into a late night street fight to back up his mate has been called “heroic” in a Morwell courtroom.
Two contrasting closing arguments were put to a jury as Spencer Shumski’s trial over the alleged murder of 38-year-old Clinton Allen continued on Wednesday, December 8, 2024.
Crown prosecutor David Glynn told the court Mr Shumski’s evidence was “implausible”.
“He’s plainly lying about all these events,” Mr Glynn said.
“You’re terrified and then you go out of your way to go towards the person you’re supposedly terrified of? It just makes no sense.
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“It’s plainly wrong and I would almost say ludicrous.”
Mr Glynn argued on the night of the fatal stabbing, Mr Shumski “chose violence”.
“He’s not being forced, he is choosing a confrontation,” he said.
“He chose violence by pulling out a knife on an unarmed man.”
Mr Glynn turned the jury to the numerous clips of CCTV footage from the night in May 2023, showing moments leading up to the fatal altercation on York St.
In the footage, Mr Shumski was seen arguing with Michael Callow when both men got involved in an altercation
Mr Allen was seen seconds later running at Mr Shumski, trying to separate him from his friend, after which Mr Shumski struck him twice.
“Mr Allen was acting lawfully, acting in defence of Mr Callow,” Mr Glynn said.
“He’s coming in to save his friend … this could be considered heroic.”
Mr Glynn closed his arguments saying Mr Shumski had “no lawful justification” for fatally stabbing Mr Allen, and the jury “should reject his evidence”.
Defence lawyer David Cronin also went to the CCTV footage, moving to events earlier in the evening at Jack Ryan’s Irish Bar.
“Think back to how (Mr Callow) was behaving at the pub that night,” he said.
“A large, loud and aggressive man who’s been having issues with people at the pub.
“He’s being a bully to a small, young female and aggressively shoving people who just want to walk past him.”
Mr Cronin said Mr Shumski had a “visceral” reaction to the fight on York St.
“There’s no fanfare, he’s not going out of his way to exaggerate, it’s a visceral explanation,” he said.
“(Mr Shumski) said ‘I felt if I was knocked to the ground I would be stomped on’.
“I mean, that’s game over – if you got stomped on the road that’s a real problem – there is not time for clear, calm decision making.”
Mr Cronin is set to continue his closing submissions on Thursday, December 5, 2024.
Mr Shumski has pleaded not guilty.
Trial Day 9: Tuesday, December 3, 2024
An alleged murderer has told a court he only pulled out the knife as “a last resort” on the night of a fatal stabbing that left a Sale man dead on a Gippsland street.
The final day of evidence wrapped up for Spencer Shumski’s trial over the alleged murder of 38-year-old Clinton Allen as the Supreme Court continued at Morwell.
Mr Shumski, 22, was cross examined on Tuesday by Crown prosecutor David Glynn, reinforcing his account of the moments leading up to the fatal stabbing of Mr Allen in May 2023.
Mr Glynn proposed Mr Shumski had “planned” to start a confrontation with Mr Allen’s friend Michael Callow in the Sale street, however Mr Shumski denied the allegation saying pulling the knife was “a last resort”.
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“Even if I didn’t walk any closer he was still walking towards me,” Mr Shumski said.
“It all happened very quickly, I wasn’t trying to stab him … I felt the only option was to scare him away.”
The CCTV footage of the incident was shown to Mr Shumski throughout his evidence, showing the altercation between himself, Mr Callow and Mr Allen.
Mr Glynn put multiple questions to the accused, asserting he had started the fight and suggesting there was no kick from Mr Callow.
However Justice Michael Croucher intervened, referencing the CCTV.
“Can’t we see him kick at him?” Justice Croucher asked.
“You’ve got to be a bit more precise about what you’re putting (to Mr Shumski),” he said.
Mr Glynn then took Mr Shumski to the moments where he stabbed Mr Allen, proposing Mr Shumski “intended to stab” him.
“He was running at me, he was throwing punches and I stepped aside,” Mr Shumski said.
“I didn’t aim for anywhere in particular … I was getting out of the way.
“I never intended to causing injury at all, let alone serious injury.”
Justice Croucher again warned the prosecutor over his self-defence questioning after Mr Glynn suggested “everyone knows you can claim self-defence”.
“I defy anyone who isn’t a lawyer to understand the legalities of self-defence with the way it is now,” Justice Croucher said.
“There are so many different factors, it’s hard for him to respond to the question fairly.”
Mr Shumski said he was “absolutely scared of (Mr Allen)”.
“Terrified,” he told the court.
Mr Shumski is pleading not guilty. The jury is expected to hear closing arguments from the prosecution and defence on Wednesday December 4, 2024.
Trial Day 8: Monday, December 2, 2024
An alleged murderer has told a Morwell courtroom he was “terrified” in the moments before he fatally stabbed a man in a late night street fight.
Spencer Shumski, 22, gave evidence on Monday for the first time in his trial for the alleged murder of 38-year-old Clinton Allen in May last year.
The Supreme Court returned to Morwell on December 2 for the eighth day of the trial, where Mr Shumski said he “never intended on using the knife” on the night of the incident.
The court heard Mr Shumski had “feared for his life” in the moments prior to the stabbing, when he was approached by Mr Allen’s friend Michael Callow.
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“I recognised him from the pub, he was saying I’m f--ked, saying that he’s gonna get me,” Mr Shumski said.
“My fight or flight response was racing, I was scared, I was really scared.”
Mr Shumski said he pulled out the knife because he thought it was “absolutely necessary”.
“I did wave the knife around to try and scare him,” he said.
“I never intended on using that knife at all. I was hoping he would stop being verbally aggressive, then I was kicked.”
The court heard Mr Callow kicked Mr Shumski, before Mr Allen rushed into the altercation.
“He was running at me … fast enough to not give me enough time to properly assess the situation,” Mr Shumski said.
“He struck me and I struck him back … he got back up and ran at me and pretty much did the exact same thing again.
“I was actually terrified, I can’t really describe the feeling, it was something I’d never felt before.”
Mr Shumski said he feared if he fell to the ground he would have “had his head stomped on” by Mr Callow.
The court heard Mr Shumski had his back to Mr Allen when he fell to the ground for the last time.
“I heard a thud on the ground and thought he’d slipped and knocked himself out,” he said.
“It pretty much ended there as soon as I’d realised he was on the ground.
“We left.”
Mr Shumski said he was later “in complete shock”.
The court heard Mr Shumski had been carrying the knife for “self-defence” as he had been attacked when he was 15 years old.
“When I was 15 I got bashed by two people – that’s the reason why I carry it,” he said.
“I felt like if I did let this person (Mr Callow) have it over me it would have been a different scenario – that I would be dead.”
Mr Shumski is pleading not guilty and the trial is set to continue on Tuesday, December 3, 2024.
Trial Day 7: Friday, November 29, 2024
An eyewitness to an alleged murder has told a Morwell courtroom he has “no memory” of the events leading up to the fatal stabbing.
The seventh day of Spencer Shumski’s trial over the alleged murder of 38-year-old Clinton Allen kicked off in the Supreme Court on Friday with a witness being recalled.
Zebulin Hartig was called back to the witness box, where he was shown CCTV footage of the night of May 7, an hour prior to the fatal stabbing of his mate.
The court had previously heard witness accounts of fights between members of Mr Allen’s group at the Sale pub, from both bar staff and other patrons.
On Friday, Mr Hartig was shown video footage where he and Michael Callow appeared to scuffle on the dancefloor at Jack Ryan’s.
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Mr Callow was a close friend of Mr Allen who has since died in circumstances unrelated to the trial.
Mr Hartig told the court he “had no memory” of pushing Mr Callow, but said “play fighting” was an aspect of their friendship.
“I don’t remember but it looks like he’s trying to hold my hand and dance with me,” he said.
“That may look violent on the outside.
“Normally it’s just pushing, shoving and me running away from Mick.”
Mr Hartig referenced Mr Callow’s size, saying “if that motherf--ker got on me I would be crushed”.
Detective Leading Senior Constable Andrew Missen from the Homicide Squad was also recalled to give further evidence on Friday.
The court heard there had been a “rumour” floating around Jack Ryan’s on the night of the fatal stabbing, saying Mr Callow had “punched a young woman in the face”.
“That was found not to be true, but it was a story circulating at the pub,” Sen Constable Missen said.
Crown prosecutor David Glynn tendered a note written by Mr Shumski on the afternoon of May 7 – after the incident – to aid Sen Constable Missen’s evidence, however was cut short due to “issues happening in the background”.
The jury was dismissed for the weekend, as the early finish marked the end of the first week of the trial.
Mr Shumski is pleading not guilty and the trial is set to continue on Monday, December 2, 2024.
Trial Day 6: Thursday, November 28, 2024
A witness has spoken to a Morwell courtroom from beyond the grave, telling of the moments an alleged murderer “started waving the knife”.
The Supreme Court returned to Morwell on Thursday for the sixth day of Spencer Shumski’s trial over the alleged murder of 38-year-old Clinton Allen in May last year.
In signed statements read to the court by Crown prosecutor David Glynn, the immortalised words of Michael Callow were heard.
Mr Callow was involved in the violent altercation with Mr Shumski which later saw his friend – Mr Allen – fatally stabbed on York St after a night out in the Gippsland town of Sale in 2023.
On Thursday, the court heard Mr Callow’s statement, where he told police of the moments before disaster.
“He came straight at me and started waving the knife at me – he swung straight at me,” the court heard.
“I did martial arts as a kid so when he opened up his body to me I took the chance to kick him.
“This was when Clint came in, he did a big fly kick … The guy stabbed Clint twice, the guy got Clint.”
It was the only time the jury had heard directly from Mr Callow during the trial, as he had since died in unrelated circumstances.
The court also heard from the forensic pathologist who undertook the autopsy of Mr Allen, who lost “more than half his blood” due to the fatal blow.
Hans de Boer told the court Mr Allen sustained two stab wounds on the night of the alleged murder.
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The stab that landed beneath Mr Allen’s left nipple was “considered a fatal injury”, according to Dr de Boer.
“The wound was approximately 5cm deep,” he said.
“It damaged both chambers of the heart and the aorta.”
Dr de Boer said the autopsy results found “substantial blood loss”, with 2.2L of blood found in Mr Allen’s left chest cavity and 600ml in his right, in addition to the blood Mr Allen had lost externally.
The normal amount of blood in an adult male is 6L.
“It is a fatal injury,” he said.
“It’s difficult to say how quickly death would occur, not necessarily immediately but definitely fatal within minutes.”
Mr Shumski has pleaded not guilty.
Trial Day 5: Wednesday, November 27, 2024
A Sale bartender has told a Morwell courtroom a father who was fatally stabbed had “threatened to kill” his own mate earlier in the night, after being kicked out of the pub.
On the fifth day of Spencer Shumski’s trial over the alleged murder of 38-year-old Sale man Clinton Allen in May 2023, bar staff were called to give evidence about the events leading up to the fatal stabbing.
Jack Ryan’s Irish Bar manager Nadine Marciniec told the court “all hell broke loose” after she confronted Mr Allen’s friend Michael Callow over taking the misplaced phone of patron Jessica Hedger — which had been left on a table where he’d been talking to her earlier in the evening.
“I saw two girls confronting a man, who was quite tall and big,” she said.
“He was trying to get Jess to go inside with him – he was stroking her arm, it was creepy.
“I stood between them and said give me the phone.”
Ms Marciniec told the court she was able to get the phone from Mr Callow before another man punched him in the face, causing chaos to erupt.
“There is like six of them in this small room fighting,” she said, describing the scene to the court.
“Myself and another staff member were in there trying to separate them.”
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Ms Marciniec said she had also received complaints about a man making young girls uncomfortable earlier in the night.
She believed that man was Mr Callow.
The court also heard from Benjamin Brett, another staff member, who assisted in removing Mr Callow from the pub during the scuffle.
He said Mr Allen followed his mate Mr Callow out of the bar, before the pair began arguing.
“It wasn’t playful, it was aggressive,” Mr Brett told the court.
“They were calling each other idiots, stupid.
“It was loud enough to hear, he was yelling.”
During the argument, Mr Brett heard Mr Allen say “I’m going to kill you” twice, the court heard.
A third witness for the prosecution described the events that lead to the bar brawl.
The woman said she had been chatting with Mr Allen and Mr Callow earlier in the evening.
“(Mr Callow) was getting a bit close to me and decided to touch my leg, before moving it up a little,” she said.
“That’s when I got uncomfortable and on the way out he grabbed my bum.”
The Herald Sun understands Mr Callow has since died.
Mr Shumski is pleading not guilty and the trial is set to continue on Thursday, November 28, 2024.
Trial Day 4: Wednesday November 27, 2024
A witness to the stabbing of a Sale father has told a Morwell courtroom the alleged murderer “taunted” another man with a knife in the moments before he allegedly stabbed a man to death.
Spencer Shumski, 22, returned to the Supreme Court on November 26, facing a murder charge over the fatal stabbing of 38-year-old Clinton Allen.
On Tuesday, Lachlan Reynolds – the boyfriend of Mr Allen’s niece – told the court of the moments leading up to the fatal stabbing on York St on May 7 in 2023.
The court heard after a night of partying, Mr Reynolds had been walking home with Mr Allen’s group when yelling caused the group of five to turn around.
Mr Reynolds said he was “about 15m” away from Mr Allen’s friend Michael ‘Mick’ Callow, when he was approached by Mr Shumski.
“He reached into his pocket and then he was holding a knife in his hand,” Mr Reynolds said.
“He was taunting Mick with the knife, making flicking movements.
“When the knife came out it seemed like it was all directed at Mick.”
Mr Reynolds said he saw Mr Callow kick Mr Shumski, causing him to stagger backwards when Mr Allen lunged to “punch him”.
“It looked like Mick had kicked him square in the chest – it looked like it rocked him.”
The court heard Mr Reynolds saw Mr Shumski swing the knife at Mr Allen, but did not see it connect, later thinking Mr Allen had slipped over and “knocked himself out”.
“I noticed Clint was laying face down on the footpath, (and I was) trying to put it all together,” he said.
This comes after Zebulin Hartig – another man in Mr Allen’s party – told the court on Monday he thought Mr Allen had “slipped”.
The trial is set to continue on Wednesday, November 27, 2024.
Trial Day 3: Monday November 25, 2024
The mother of an accused murderer has given tearful evidence to a Morwell courtroom, recounting the morning after her son allegedly stabbed a man to death.
Spencer Shumski, 22, returned to the Supreme Court on November 25, facing a murder charge over the fatal stabbing of 38-year-old Clinton Allen.
Mr Shumski’s parents – Riecki-Ann and Shannon Shumski – gave evidence on Monday, recounting the morning after the alleged murder of Mr Allen on May 7 in 2023.
The court heard Riecki-Ann had first heard about Mr Allen’s death earlier in the day.
“I’d heard someone had died down the street, just on social media,” she said.
“There were no other details at that stage, other than he had died by stabbing.”
Riecki-Ann said she saw Spencer at midday, where he told her he’d been involved in an altercation the night before.
“He told me there’d been a man at the pub touching up some girls … that they’d been kicked out of the pub,” she said.
Riecki-Ann had to take several pauses throughout her evidence, visibly emotional and taking deep breaths.
“He told me he was there and he had a knife,” she said.
Riecki-Ann told the court she then decided to wake her husband, who had been on night shift rotation.
Shannon said he “didn’t ask questions about what had happened” when his wife and son had woken him.
“As a parent I was hoping there was a mistake,” he told the court.
Shannon said Spencer had described an altercation inside Jack Ryan’s Irish Bar, where he’d seen a man “being inappropriate with a young girl”.
“He used the word groping,” Shannon said.
“He said there was a confrontation between him and members of the group (in the street). He told me he had a knife, stepped back and told them to f--- off.
“He said three people who were a lot older than him were approaching him and being verbally aggressive.”
Shannon said he later took Spencer to the police station, where he voluntarily surrendered into police custody.
On Monday, the court also heard from Zebulin Hartig, the boyfriend of Mr Allen’s daughter, who had been out drinking with Mr Allen’s group on the night of the stabbing.
Mr Hartig said he was between 10 and 15m away from Mr Allen and friend Michael Callow when the altercation happened.
“Mick and someone else were getting into a fight, Clint came up in front of him,” he said.
“There were a few punches thrown and a couple of kicks.
“All I saw was Clint drop to the ground, get back up, then drop to the ground again.”
Mr Hartig said he saw Mr Allen fall, saying it was “very similar to when someone slipped.”
The trial is set to continue on Tuesday, November 26.
Trial Day 2: Friday November 22, 2024
The jury, who had been sitting in the Morwell Supreme Court, was taken to Sale to be walked through Jack Ryan’s Irish Bar, and along York St where Mr Allen died.
Trial Day 1: Thursday, November 21, 2024
The CCTV footage of the moments a beloved Sale father was stabbed to death in a late night alcohol fuelled altercation have been revealed.
Spencer Shumski, 22, fronted the Supreme Court on Thursday over the alleged murder of 38-year-old Clinton Allen.
Crown prosecutor David Glynn told the court Mr Allen had been out celebrating his wife’s birthday on May 7 in 2023, before he was involved in a fatal altercation, allegedly with Mr Shumski on York St.
Mr Shumski and Mr Allen had both been at Jack Ryan’s Irish Bar immediately prior to the incident, before Mr Allen’s friend had been kicked out.
Mr Glynn told the court Michael Callow – a close friend of Mr Allen’s wife – had started behaving “in a sleazy way” towards a woman in the bar, where he “squeezed her bottom”.
The court heard Mr Callow was later involved in a dispute regarding the mobile phone of the woman’s friend, where he would not return it.
The disagreement was caught on CCTV, which showed Mr Callow being forcibly removed by bar staff after a scuffle with other patrons.
Mr Allen and the rest of his group were seen leaving the bar a short time later, before beginning their journey down MacAlister St.
Mr Shumski and his friends also left the bar heading in the same direction, before both groups turned onto York St.
In CCTV evidence shown to the court, Mr Shumski was seen arguing with Mr Callow when he allegedly pulled out a knife and took a swipe at him.
The video footage captured the moment seconds later where Mr Allen ran at Mr Shumski, trying to separate him from his friend.
Mr Allen lunged at Mr Shumski twice, sustaining two stab wounds, one to the chest and one to the mid-torso.
Mr Allen later died at the scene.
Mr Glynn told the court the prosecution would be arguing Mr Shumski was not acting in self defence.
“He (Mr Shumski) started it. Mr Allen was acting in defence of Mr Callow,” he said.
“You can’t start a fight and then claim it was self defence.
“You are not entitled to respond to someone’s shove by plunging a knife into their chest.
“He put a knife into someone’s torso twice, at the very least this demonstrates intention to cause serious injury.”
Mr Shumski’s defence lawyer David Cronin disagreed.
“It’s important to slow down and see what happened – never lose sight of the fact this footage is coming from around midnight,” he said.
“Was this some sort of slow moving affair where there is time for rational and considered decisions, or is this something that started and concluded in a manner of seconds?
“It is imperative you keep an open mind and wait for all the evidence.”
The jury, which on Thursday sat in a Morwell courtroom, will be taken to Sale on Friday to be walked through the locations of the night of the incident.
Mr Shumski’s trial will continue in court on November 25.
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