Stomp kill accused pleads not guilty

Written By Unknown on Selasa, 02 April 2013 | 20.01

Irish backpacker David Greene. Picture: Supplied Source: Supplied

Irish backpacker David Byas, second from left in grey top. Picture:The Herald Source: Supplied

A MARTIAL arts enthusiast who allegedly stomped on the heads of his unconscious victims "like a crazy monster" has pleaded not guilty to murder.

Family members of deceased Irish backpacker David Greene laughed as Luke James Wentholt, 31, pleaded guilty to seven assault-related charges but not guilty to Mr Greene's murder at Melbourne Magistrates' Court this evening.

Mr Wentholt's then girlfriend Shayla Pullen told the court this morning she tried to stop his repeated and "forceful stomping" on Mr Greene and his friend, David Byas, at a St Kilda boarding house about 1am on August 26 last year.

"They were both bleeding, (blood) was just everywhere," Ms Pullen said via videolink.

Mr Greene, 30, died at the Alfred Hospital on September 7, almost two weeks after the attack.

Mr Byas suffered serious injuries and was in a coma for four days before being transferred to a rehab facility.

Ms Pullen said they had been drinking with friends at the Lynedoch Avenue hostel, where both Wentholt and Mr Greene lived, before the two got into an argument.

"I think (Wentholt) was drunk. I haven't seen him that drunk before," Ms Pullen said in a police statement.

She said she believed Wentholt was angry because Mr Greene kept joking about accidentally seeing her partially naked earlier that week.

"He said, 'Dave, I want to talk to you outside', in a stern voice," Ms Pullen told the court.

She said she heard Mr Wentholt and Mr Greene arguing and then "smashing noises", followed by another Irish voice.

"I heard like a wrestling and smashing, like someone was hitting up against something," she said.

Housemate Christine Babuczki said Mr Wentholt returned to the living room and physically attacked the other partygoers, none of whom were seriously injured.

Ms Pullen, a hospitality worker, said she went to the hallway and saw the two Irish backpackers lying still on the floor and Mr Wentholt, shirtless and shoeless, "forcefully stomping" on their heads.

"I just remember there was lots of blood - every time he stomped, there was lots of blood," Ms Pullen said.

"I ran at him and pushed him away from them because he wouldn't stop stomping."

Mr Wentholt pleaded guilty to one count of intentionally causing serious injury to Mr Byas, three counts of intentionally causing injury and three counts of common law assault.

He pleaded not guilty to murdering Mr Greene.

Ms Pullen said she had been dating Wentholt – a work colleague who trained in jujitsu up to five times a week - for three weeks.

Forensic pathologist Professor David Ranson told the court Mr Greene died from a head injury, likely a result of one or more blows to the head.

He said the diffuse traumatic axonal injury was caused by the application of force, which shifted the brain inside the skull.

Professor Ranson said he could not exclude the possibility Mr Greene was suffering from brain injury prior to the alleged stomping and was unable to say whether stomping or kicking caused or worsened the injury.

He said there was no indication that a hammer face caused any of the injuries.

Detective Acting Sergeant Nathan Toey said a hammer covered in Mr Wentholt's blood was located at the crime scene, but there was no evidence it was used in the attack.

He said in his statement an injury on Mr Wentholt's arm may have been self-inflicted.

Magistrate Peter Mealy committed Wentholt to stand trial for murder and asked prosecutor Peter Rose, SC, to pass on his condolences for the "truly horrifying event" to Mr Greene's family.

Mr Wentholt was remanded in custody to appear at the Supreme Court for a directions hearing on April 17.


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