The handle of a knife found in the Traralgon home of William Scriven contained his DNA and that of two other people, the Latrobe Valley Supreme Court has heard.
Scriven, 35, is accused of murdering 32 year-old Wayne Glenn Bayley in the early hours of 22 December 2012 by stabbing him three times to the upper body in the front yard of 8 Thexton Street – Scriven’s home.
The trial yesterday heard of results from forensic testing on a knife collected from the floor of Scriven’s home.
Initial testing found Scriven and Mr Bayley could not be excluded as contributors to the sample taken from the knife handle, while the DNA of a third person could not be identified.
Further analysis found there was “moderate support” for the theory the deceased was not a contributor; while there was “very strong” support the accused was a contributor.
The court heard a small sample of DNA from the knife’s blade, next to the hilt, matched Scriven’s profile.
Testing of the tip of the blade did not detect blood, but found DNA from at least two people, the court heard.
The results of further analysis did not support Mr Bayley being a contributor and found strong support the accused was a contributor.
A swab of blood from the brick wall on Scriven’s porch matched the DNA of the deceased, the court was told.
The court this week heard from police officers who attended 8 Thexton Street in the early hours of 22 December, including two constables who performed CPR on Mr Bayley.
First Constable Robert Bartorelli fought back tears in the witness box as he recalled arriving at the scene.
“I could hear a female screaming from the driveway of the address,” Const Bartorelli said.
“I could hear her say he was dying and could someone help.”
First Constable Rachael Lamont said Mr Bayley showed no signs of life while the pair performed CPR.
Both constables reported hearing a man’s voice from the house, saying he also required police assistance because he had been stabbed.
The court heard police observed injuries to Scriven’s arm and face and he told one officer the stab wounds were to his arm.
After his arrest Scriven was taken to Morwell police station and then conveyed by ambulance to Latrobe Regional Hospital.
The court heard upon their arrival at 8 Thexton Street, police officers observed a large crowd of people.
Their descriptions of the scene included the terms “volatile”, “aggressive” and “hostile”.
Traralgon Senior Sergeant Brendan Scully told the court he took out his capsicum spray in order to protect a fellow officer.
When asked by the prosecution whether the crowd was “unruly but controllable”, Snr Sgt Scully replied “I don’t know about controllable: that was a bit hairy”.
The court heard Snr Sgt Scully and Sergeant Rodney Findlay knocked on Scriven’s door and arrested him.
Sgt Findlay told the court that when Scriven was asked whether he was involved in the incident he said “yeah, but he came at me”.
Snr Sgt Scully said Scriven cried after he was read his rights and told of Mr Bayley’s fate.
“(Scriven said) ‘I want to know if the man is okay’, I said ‘no he’s not okay’, he started crying again,” Snr Sgt Scully said.
The court heard Scriven expressed concern to Snr Sgt Scully about the safety of his partner Kerry Compden, saying “please don’t let Kerry stay here sir, they will attack her again”.
Earlier altercation also ‘hostile’
An earlier altercation about 7.30pm on 21 December between Scriven and his neighbours from two doors away, was again raised, as the trial entered its second week.
The court heard multiple police units arrived at the scene.
Senior Constable Jason McCoy said he saw “a lot of people on the street and what appeared to be a very hostile situation”.
“There was a lot of arguing. I don’t recall hearing threats, but body language certainly indicated something like that was occurring,” Snr Const McCoy said.
Under cross-examination, Snr Const McCoy confirmed their was a lot of abuse directed at Scriven.
He said the accused’s left eye was swollen and he had cuts or similar to his face and he complained of pain to his ribs.
Snr Const McCoy said Scriven told him he tripped over his feet onto the concrete and that was how his injuries were sustained.
He said Scriven declined medical assistance and an ambulance.
Sergeant Brent Muir described the incident as a “horrible situation” with about 30 to 40 people in the street “abusive, violent and swearing at anyone”.
Sgt Muir said a “posse” had formed at 4 Thexton Street and it was obvious the dispute was between the occupants of numbers 4 and 8.
After an interview with the accused’s neighbour, police arrested Scriven.
The trial continues.
