Kevin Smith 'tried to stab' love rival before fatal confrontation, jury hears

KEVIN George Smith was "trying to stab" rival Daniel Pettersson and was "striking" out at him with a knife in the moments before their fatal confrontation inside a home at Jesmond, a jury has heard.

And a short time later, when Smith, 39, also known as "Squids", left the home and walked past a dying Mr Pettersson on the footpath outside he allegedly told his friend: "do you want it as well".

Mr Smith and Mr Pettersson had been in a relationship with the same woman at varying times and had been involved in a dispute over paternity of a child before their rivalry came to a head during a volatile confrontation at a house in Michael Street on the afternoon of January 6 last year.

There is no dispute Mr Smith was armed with a knife and stabbed Mr Pettersson in the chest during a wrestle in the kitchen of the home between 3.34pm and 3.39pm.

But he has pleaded not guilty to murder on the basis of self-defence and his trial in Newcastle Supreme Court is focusing on what happened during that crucial five minute period between when Mr Pettersson arrived at the home looking for his ex-partner and child and when he collapsed outside suffering a stab wound to the right side of his chest.

On the day he died, Mr Pettersson had been trying to contact the woman, including making 17 calls to her phone and seven calls to her father.

Dash cam footage from a vehicle in Michael Street showed Mr Pettersson had pulled up outside the house for a short time about 15 minutes before the confrontation. He soon drove away and phone records show Mr Pettersson immediately made a call to his friend and flatmate, Wade McKinnon.

Specialist police examining the scene in Michael Street, Jesmond, after Daniel Pettersson collapsed and died outside from a stab wound on January 6, 2022. Kevin George Smith has pleaded not guilty to his murder.

Mr McKinnon gave evidence on Wednesday, telling the jury he was picked up by Mr Pettersson at a pub and during the trip back to the house Mr Pettersson asked him for his lighter.

He said Mr Pettersson didn't smoke but wanted the lighter to hold in his hand to protect his fist in case he punched something.

When they arrived at the house, Mr Pettersson was agitated about Mr Smith and the woman being inside and began shouting at the woman to let him see his son, Mr McKinnon said.

While Mr Pettersson was on the front step and with the woman standing in the doorway between them, Mr Smith appeared in the house armed with a knife.

Mr McKinnon said at this point the two men were "trying to attack each other" and he saw Mr Smith "striking" at Mr Pettersson and "trying to stab" him with the knife.

He said the last thing he saw before he was handed the baby and walked away from the confrontation was Mr Smith lowering the knife and Mr Pettersson pushing past the woman and running towards Mr Smith.

He didn't witness the subsequent confrontation and stabbing in the kitchen and said he was about to go in and try to break it up when he saw Mr Pettersson leaving the house bleeding profusely.

He claimed that while outside and trying to assist Mr Pettersson, he saw Mr Smith walk past and heard him say: "do you want it as well".

"I said 'there are enough people laying on the ground, I don't want anyone else laying on the ground'," Mr McKinnon gave evidence. "I said 'you're in a bit of strife, if I was you I'd get the f--- out of here'."

Under cross-examination from Public Defender Peter Krisenthal, Mr McKinnon denied that instead Mr Smith had said: "did you want to have a go as well", despite telling police that in his statement.

He also denied that he knew beforehand that there was going to be a fight between Mr Smith and Mr Pettersson and that he was there as "backup" for Mr Pettersson.