Stuart Barry Russell, 44, says jury’s guilty verdict in Eggs and Bacon Bay murder case ‘unsafe and unsatisfactory’

EGGS and Bacon Bay killer Stuart Barry Russell has pointed to his victim’s apparent “snoring” as evidence he didn’t kill him.

Stuart Barry Russell, centre, leaving the Supreme Court in Hobart after an earlier appearance. Picture: MATT THOMPSON

EGGS and Bacon Bay killer Stuart Barry Russell has pointed to his victim’s apparent “snoring” as evidence he didn’t kill him.

Russell, 44, is serving 22 years in jail for murdering a blind pensioner and attempting to burn his body on December 16, 2011.

Victim Brett Williams, 46, had offered Russell, his teenage girlfriend Bronte Dallas-Clark and another man a place to stay on his Eggs and Bacon Bay property after they were evicted from their nearby home.

On the night of the move a drunk Russell burst into Mr Williams’ home and after a brief fight stabbed him four times, puncturing his heart.

Later that night Russell and his offsiders discussed torching Mr Williams’ home to destroy evidence.

Mr Williams’ body was burnt but the fire did not take hold.

Police at the murder scene in 2011.

Russell, who has prior convictions in Queensland, South Australia, Victoria and Tasmania, launched an appeal last year.

The drawn-out proceedings — which at times have seen Russell act for himself and unsuccessfully call for the media to be banned from court — have included up to 40 grounds of appeal.

Today they were whittled down to just one.

In Hobart’s Supreme Court this morning, his barrister Todd Kovacic said the jury’s guilty verdict was unsafe and unsatisfactory as they should have found there was reasonable doubt to whether Russell murdered Mr Williams.

He submitted there was no evidence of all the wounds being committed by his client or that the fight between Russell and Mr Williams was consistent with a fatal stabbing.

He said nobody had seen Russell stab the victim.

Mr Kovacic said “significantly” there was evidence that Mr Williams had simply been knocked out during the fight with his client.

A street sign at Eggs and Bacon Bay.

During the trial, Ms Dallas-Clark, 18, said after the victim had fallen to the ground he began “snoring”.

Mr Kovacic said this was inconsistent with his client having stabbed the victim because a pathologist gave evidence that had Mr Williams’ heart been punctured he would have died “within minutes”.

If Russell had actually stabbed Mr Williams it might have been an accident, not murder, as he fended off the victim during the fight, he said.

Ms Dallas-Clark gave evidence at trial that she and Russell went back to their caravan, leaving the other man in Mr Williams’ home.

Mr Kovacic said the jury should have entertained the idea that the murder had been carried out by the other man, something he denied during the trial.

But Director of Public Prosecutions Daryl Coates, SC, said this was not a case where the jury could have reached a conclusion that “an innocent person had been convicted”.

“This is a very strong case [against Russell],” he said.

Mr Coates said Mr Williams’ so-called “snoring” was described by the other man as a “gasping” which the pathologist had said was consistent with a heart puncture.

Mr Coates said it was not disputed there had been a fight between Russell and the victim, he had been seen with a knife and had earlier said he would kill anyone who tried to “crack on” to his girlfriend.

“[Russell later] said words to the effect ‘What have I done, I’ve stabbed him,” Mr Coates said.

Mr Coates highlighted Russell’s attempt to get rid of the evidence and the lies he told to police about not being at Mr Williams’ home.

He said the jury was right to reject an argument of self-defence.

“[Mr Williams] was older, he was lighter and he a problem with his vision … [Russell] could have easily removed himself,” he said.

“It was readily open to them to accept the appellant wielded all the wounds to the deceased,” he said.

Chief Justice Alan Blow and Justices Helen Wood and Stephen Estcourt reserved their decision.

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Originally published as Stuart Barry Russell, 44, says jury’s guilty verdict in Eggs and Bacon Bay murder case ‘unsafe and unsatisfactory’