A MAN accused of murdering Eddy Lemalama during a fight on Good Friday 2024 claims he was acting in self-defence when he twice stabbed the 40-year-old on his front porch at Windale.
Jacob Bell, now 23, on Wednesday pleaded not guilty to murder, but guilty to manslaughter over the death of Mr Lemalama and faced the first day of an estimated four-week trial in Newcastle Supreme Court.
During his opening address, Crown prosecutor Brendan Queenan said Bell was allegedly armed with a knife when he walked over to Mr Lemalama's house in Kankool Way about 4.20pm on March 29, 2024.
Mr Queenan said Bell wanted to "sort out" an ongoing dispute between two groups in the tiny laneway that had started two weeks earlier and continued the night before the fatal stabbing.
A friend of Mr Lemalama had gone to a house to pick up his daughter from a birthday party on March 15 when he became involved in an argument with Bell, who punched his passenger side window as he drove off.
Then about 3am on March 29, Bell and a number of other people had approached Mr Lemalama's house in Kankool Way and the two groups had made threats as they yelled back and forth.
Nothing happened that night and it wasn't until Bell returned about 4.20pm that day that the ongoing dispute became physical and Mr Lemalama was stabbed.
Mr Queenan said Bell could be seen on CCTV footage leaving another home in Kankool Way and heading for Mr Lemalama's house.
He approached Mr Lemalama's mate, who was outside working on a car, and said he wanted to "sort out" the argument from the night before.
Bell put out his hand, but the other man refused to shake it and told him to leave.
Mr Lemalama's mate walked up onto the front porch and Bell followed, the conversation becoming heated as Bell refused to leave.
Mr Lemalama was in his bedroom, but came to the front door and told Bell to "f--- off".
Mr Lemalama pushed through the others and punched Bell, the pair scuffling and striking each other on the front porch.
"The prosecution case is that the accused had a knife and during that scuffle he stabbed Eddy with the knife to his left upper back before losing possession of it on the ground," Mr Queenan said.
Mr Queenan said Mr Lemalama stopped fighting and defending himself and stood with his head down as Bell continued to strike him.
At this point, Mr Lemalama's mate yelled "knife" and Bell allegedly picked up the knife and stabbed Mr Lemalama again, this time to the left side of his chest.
Those inside the home began pulling Mr Lemalama inside as Bell tried to follow and pushed and hit the door as they struggled to close and lock it.
Bell fled about 4.22pm, running back to the other house in Kankool Way, where Mr Queenan said a witness will say they saw him with the knife.
He was arrested nearby, while Mr Lemalama was being rushed to Belmont Hospital.
He underwent extensive treatment and was later transferred to John Hunter Hospital, but died from the stab wounds about 11.10pm.
Mr Queenan told the jury the prosecution did not accept Bell's guilty plea to manslaughter, but it did narrow the issues in the trial and meant there was no dispute it was Bell who had stabbed Mr Lemalama and caused his death.
During his opening address, Public Defender Stuart Bouveng said the issues for the jury to determine would be whether or not Bell was acting in self-defence and believed what he did was necessary to defend himself and whether at the time of the stabbing he had an intention to kill or cause grievous bodily harm.
He also said the prosecution's contention that it was Bell who brought the knife to the scene would be another issue for the jury to determine.
The trial continues.
