Dane McLennan trial: Punch on John Durie was in response to ‘cheap shots’
A Wycheproof tradie charged with one-punch killing a mate told police he’d never punched anyone before in his life.
Mildura
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A country electrician charged with the one-punch killing of a family friend during a boozy game of pool told police he had never punched anyone before in his life.
Dane McLennan, 28, of Wycheproof, has pleaded not guilty to the manslaughter of 56-year-old family friend John Durie.
The allegation stems from a claim McLennan fatally punched Mr Durie in the head during a playful scuffle after the annual Wycheproof Golf Club tournament in 2019.
In the Shepparton Supreme Court on Wednesday, the jury was shown a video of an interview McLennan gave to officers at the Swan Hill police station the following day.
McLennan said he and Mr Durie were “just playing pool and having a few drinks”.
“He was a good friend of my father’s,” McLennan said.
“We just always shit-stirred each other.”
He said Mr Durie was a strongly built man, who was “just messing around all the time”.
“We always have a lot of banter, me and John,” he said.
McLennan said friendly jostling with Mr Durie escalated in the lead-up to him taking a swing.
“He either kicked me or hit me in the stomach,” he said.
He said he tried to walk away from Mr Durie, but “he gave me a few cheap shots” and tried to wrestle him to the ground.
“He was kind of overpowering me and I have … broken free,” he said.
“I must have got loose, and I’ve hit him once, and he was unconscious.
“That’s all I remember, that’s all that happened.
“I was expecting him to come back-to … and he hasn’t.”
McLennan had been in a playing group with Mr Durie and four others that day, and estimated he drank about eight cans of mid strength beer during the round, before kicking on at the club bar.
“I have never punched anyone … I don’t know why the hell I did it to John,” he said.
Mr Durie turned blue shortly after collapsing, and an autopsy revealed he died from a ruptured blood vessel in his brain.
McLennan’s legal team argue he should be acquitted because it is unclear whether Mr Durie’s brain injury was pre-existing.
They also say he was acting in self-defence.
The trial continues.