A man who texted "now I'm going to snap" before viciously assaulting his friend under a bridge over money and relationship disputes has been found guilty of murder after the victim died from a ruptured spleen.
Alan William Delaney, 53, stood trial in the NSW Supreme Court in Queanbeyan last week after pleading not guilty to murder, which was alleged to have been committed under Queens Bridge on Boxing Day 2019.
The trial heard that the bashing was the result of Delaney seeking his friend, Aaron Baxter, whom he accused of wrongdoing against him, including stealing money and interfering with his relationship.
Upon approaching the victim, Delaney yelled and threatened to kill him, which the court heard included "I'm going to chop your f-----g head off".
He also said "you told my missus you were taking me to the brothel" to which Baxter denied.
After Delaney left the assault scene, Mr Baxter was taken to Queanbeyan District Hospital but died about two hours later after going into cardiac arrest.
An autopsy showed Mr Baxter died from internal bleeding from a ruptured spleen after his ribs were fractured.
The prosecution case against him was that he intended to kill or cause serious harm and that the bashing, including punching and kneeing numerous times, was the substantial cause of Mr Baxter's death.
The trial heard that before the assault, Delaney sent his partner a series of text messages, including his intention to snap, and published Facebook posts, including "I've been used for the last time".
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Joseph Wiewiti, who was living in his car under the bridge at the time and said he had known Mr Baxter for about three days prior to the incident, said Mr Baxter came to greet him on the morning in question.
Mr Wiewiti said Mr Baxter came to greet him on the morning in question.
"He [Delaney] was yelling, 'I'm gonna f----n kill you, you're a dead c---'," Mr Wiewiti said.
He said he saw Mr Baxter "trying to walk away and putting his hands up to protect himself" and that Delaney kneed Mr Baxter in the "ribs and midsection".
The officer in charge of the investigation, Senior Constable Dean James at Queanbeyan Police Station, said when he attended the scene, he saw Mr Baxter on the ground groaning.
During the trial, a recorded police interview with Delaney, of Queanbeyan, in the early hours of December 27, 2019, was played.
When an officer told him Mr Baxter had died, he became inconsolable and held his hands to his face.
"This is a dream. Please tell me this is a bad dream," he said.
"I didn't want to do that. It doesn't matter, it's my fault now."
The last message before the assault was particularly telling: 'now I'm going to snap'. That's exactly what he did.
Crown prosecutor Nerissa Keay
Earlier in the interview, Delaney said he hit Mr Baxter eight to 12 times despite saying he wanted to just "smack him around the mouth to teach him a lesson for interfering and stealing off me".
He accused Mr Baxter of "making things up" and "destroying my whole world because I fell in love with this girl".
In her closing statement, Crown prosecutor Nerissa Keay said the evidence established the prosecution's case.
"No doubt, Mr Delaney was very angry with the deceased when he assaulted him," Ms Keay said.
"It's important to look at what he said, what he did and what he said after.
"The last message before the assault was particularly telling: 'now I'm going to snap'. That's exactly what he did."
Ms Keay told the jury that following the assault, in which Delaney injured one of his hands because he "hit the deceased so hard", he posted a photo of his injury and the phrase "one c--- down" on social media.
The main issues for the jury were Delaney's intention and whether his assault caused the fatal blow to Mr Baxter.
Defence lawyer Duncan Berents said while certain factors, such as the violence and the ruptured spleen, were not disputed, questions surrounded Delaney's state of mind.
Mr Berents said his client's intention was not to kill but to give Mr Baxter a warning, which he said was consistent with the medically identifiable marks on the deceased.
The trial heard that Mr Baxter had a medical history of falls and witnesses saw him falling after the assault.
Mr Berents said there was a reasonable possibility that a fall unrelated to the assault could have been the major cause of Mr Baxter's fatal injury, which he said was supported by a medical expert who gave evidence during the trial.
The jury on Tuesday found Delaney guilty of murder after they began deliberations last Friday.
They were also given legal directions about manslaughter if they did not find murder proven.
The case returns to court on April 26 for a sentence hearing.
