News Service from House Harris

Vic: Man murdered over concerns for woman's safety: court

MELBOURNE, Dec 1 AAP - A Melbourne man was battered with a baseball bat and fatally stabbed after visiting his ex-lover who had an intervention order against him, a court has heard.

Tyrone David Shepherd, 36, of Glen Waverley, was attacked outside his ex-girlfriend Sarah Kell's house at Ashwood in June, 2007.

Her brother, Simon Nicholas Kell, and her new boyfriend, Robin Dey, both of Camberwell, have pleaded not guilty to his murder.

The Victorian Supreme Court heard that Mr Shepherd and Ms Kell had a volatile relationship which had ended three weeks before his death.

On the night he died, Mr Shepherd went to her house and knocked on her bedroom window wanting to talk to her, despite a court order barring him from contact with her.

When Ms Kell told her brother Simon that Shepherd was there, he and Dey drove to her house armed with weapons, crown prosecutor Peter Rose SC said.

The court heard Mr Shepherd, a heroin addict, had been violent toward Ms Kell before, once breaking her nose.

When the accused men arrived at Ms Kell's house, they confronted Mr Shepherd and wrestled with him.

Mr Rose said Dey, 25, had a hunting knife and Kell, 27, had a baseball bat which they used to repeatedly strike Mr Shepherd.

He died from stab wounds to the chest shortly after.

Mr Rose said there was no sign Mr Shepherd was armed.

After the incident, both accused went to Dey's parents' house where they tried to hide the clothes they were wearing, Mr Rose said.

They also allegedly asked them to help provide a false alibi and hid the weapons.

Kell initially denied knowledge of the incident but later admitted he and Dey went to his sister's house where they fought with Mr Shepherd.

But he said he only hit Mr Shepherd once with a baseball bat in self defence.

Mr Rose said the accused men acted together with the aim of killing Mr Shepherd or seriously injuring him.

However, Kell's lawyer Tom Danos said he had acted out of concern for his sister, believing she was in danger.

Mr Danos said his client armed himself with a baseball bat to protect himself and his sister, but was unaware his co-accused had a knife.

However, Dey's lawyer Bill Stuart said it was Kell who produced the knife and inflicted Mr Shepherd's fatal wounds.

Mr Stuart said Kell's DNA was found on the knife handle and baseball bat and there were blood stains on his jacket and jeans consistent with the victim's blood.

The trial continues on Tuesday.

AAP mi/pmu/wf/cdh