Peter Kinthari to face Supreme Court after shower slip theory rejected by judge

A judge has rejected a bathroom mishap explanation for a Wadeye man’s fatal injuries. His brother will now face trial for manslaughter.

Peter Kinthari’s defence barrister John Blackley has suggested a 41-year-old man\s fatal injuries could have been caused by a bathroom fall.

A father-of-six accused of belting his brother along a bitumen road has suggested his sibling’s fatal injuries were caused by a bathroom mishap.

Family members watched as Peter Kinthari, 39, appeared via a prison video link into Darwin Local Court on Wednesday.

The father-of-six was charged with the manslaughter of his 41-year-old brother following an alleged domestic violence related assault at Jingili on Wednesday, August 3.

It was alleged the brothers were celebrating their reunion, with the deceased and his family flying in from Wadeye that day.

The court previously heard the “joyous” get-together turned to violence with the brothers allegedly fighting in the street.

The court heard an autopsy report concluded this cause of death as blunt force trauma.

Despite the court hearing of eyewitnesses reporting Kinthari had “drop kicked” the deceased, defence barrister John Blackley suggested the fatal injuries could have occured after Kinthari left.

Mr Blackley said after the alleged fight Kinthari and his partner went for a walk, while his older brother went inside the family home.

She later told police that three family members said they heard the 41-year-old fall in the shower.

“The deceased falls in the bathroom,” Mr Blackley said.

“It’s one of those baths that is set into the shower … it’s presumed he fell over the side.

“It’s after that point he is taken to hospital.”

“There is a vacuum of information in relation to the bathroom incident. “

Mr Blackley said the likely cause of death was contested, and asked to call the three family members as witnesses in cross examination.

However, Chief Judge Elizabeth Morris rejected his application to call the trio into court.

“On the evidence so far, does anyone see his fall?,” Ms Morris asked.

“I can’t see where anybody saw him fall down.”

Judge Elizabeth Morris at the Darwin Local Court. Picture: Che Chorley

Mr Blackley said addressing this issue could save the court a two-week Supreme Court trial.

But crown prosecutor Marty Aust called the application a “fishing expedition”.

“There is no admissible evidence on the brief that establishes even the possibility of a fall in the shower in a way (causing fatal injuries).”

“There’s just nothing.”

Mr Aust said even if the 41-year-old had fallen in the shower, “It’s the totality of the injuries that amount to the cause of death”.

“He’s in pain, and is struggling, and any fall after that the irresistible inference is it was because of the injuries that he’s suffering,” he said.

“No single fall or collapse would result in the injuries … that result in death.”

Ms Morris agreed, saying in her estimation there was little evidence the fall, if it happened, would have caused the fatal injuries.

She committed Kinthari to a Supreme Court trial, with his next hearing date set for December 22.