Chef who & # 39; a home addict who has defeated an ice-cream addict & # 39; walked away, screaming obscenities, while paramedics tried in vain to save the burglar's life
- The court heard that Ben Batterham shouted obscenities after an attack by ice-addict burglar
- The witness said the chef & # 39; extremely angry & # 39; was on burglar Ricky Slater
- Paramedics worked to save Slater & # 39; s life after being attacked by Batterham
- Batterham caught Slater on his house and robbed him on the street
- He argued that he was not guilty of murdering the fatal incident in March 2016
Benjamin Batterham is depicted as he leaves the court on Monday
While paramedics injected a semi-conscious burglar with adrenaline in an attempt to save his life, his attacker ran away and screamed obscenities, a court has heard.
Witness Darryl Sharpe told a Newcastle Supreme Court jury Tuesday that apprentice chef Benjamin Batterham early 2016 & # 39; extremely angry & # 39; was on burglar Ricky Slater.
& # 39; He (Batterham) still shouted obscenities (at Slater) while he went home & # 39 ;, Mr. Sharpe said.
& # 39; Batterham shouted it out & # 39; You bastard. & # 39; & # 39;
Sharpe said that at a certain point, Batterham shouted in an aggressive and furious voice: & # 39; Give me two minutes with him. I kill him. & # 39;
Paramedics managed to breathe new life into Slater after he suffered a cardiac arrest after the attack, but the 34-year-old still had two cardiac arrests before he died the next day.
Mr. Sharpe told the jury that Batterham & # 39; I'm going to kill you & # 39; shouted because he strangled Slater and repeatedly punched him in the driveway outside his home in Hamilton.
Ricky Slater (photo) who died after an incident in 2016 in which he broke into Benjamin Batterham's house while on ice and was attacked maliciously
But when he was questioned by defender Winston Terracini SC, Mr. Sharpe could not explain why he had not mentioned in two earlier statements to the police that Batterham had reportedly threatened to kill Slater.
The 35-year-old pleaded not guilty of murdering Slater after chasing the burglar from his house.
He had been drinking with a friend, Paul O & # 39; Keefe, when he saw Slater in a bedroom on March 26, 2016 in 2016 at around 3:20 PM. Slater was wearing a blue shoulder bag with three knives, cannabis and ice cream.
Batterham's partner and the seven-month-old daughter were not at home then.
Mr. Sharpe, who lived along the road from Batterham, told the jury that he heard a thud at 3.25 am before he saw Slater face down and the chef on top of him with his left arm around his throat.
The neighbor said that Batterham had repeatedly slapped Slater to the side of the head behind the ear while saying, "I will kill you … You will come into my house, my baby room."
Sharpe said that Slater shouted: & I can't breathe. Get rid of me. & # 39;
Benjamin Batterham (photo) arrives at the Newcastle Supreme Court on Monday. He is accused of killing Ricky Slater, who broke into his house
The crown claims that Batterham had a legal right to pursue Slater and keep him under control until the police arrived, but no right to attack him as he did and to take revenge.
Prosecutor Wayne Creasey SC said that Slater would suffer more than usual if he was held and abused because the 178-centimeter tall man was obese with 118 kilograms.
He was also high on ice at the time, scarred due to regular drug use and suffering from liver disease.
The defense maintains that Batterham had the right to defend his home and family and to pursue the burglar.
Mr. Terracini said that Batterham never intended to kill Slater or cause him serious damage, and the chef did nothing illegal or dangerous in the circumstances of the case.
The trial, before Justice Desmond Fagan, continues.
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