An accused murderer has testified in the WA Supreme Court he punched and kicked a 76-year-old stranger in the elderly man's own home because he wanted to make a point to him about how to treat women.
WARNING: This story contains graphic content that some readers may find disturbing.
Sebastian Ruiz, 31, was giving evidence in own defence at his trial on a charge of murdering Keith Moylan, who died in hospital from a traumatic brain injury hours after being assaulted in the early hours of December 21, 2019.
The court has been told Mr Ruiz ended up at Mr Moylan's home after meeting a woman, Michelle Garbin, at a nightclub just hours before.
Ms Garbin, who was in her 20s, was staying in a spare bedroom at Mr Moylan's unit, which was in a retirement village in Mosman Park.
Mr Ruiz testifed that Ms Garbin told him the elderly man was "obsessive" and she thought he was in love with her.
He also claimed that Ms Garbin told him she had once woken up in her bedroom to him masturbating over her.
Ruiz heard screaming from unit
The court heard Mr Ruiz and Ms Garbin caught a taxi to Mr Moylan's unit, and as Mr Ruiz negotiated with the driver to take him back to where he was staying, he said he heard yelling and screaming coming from inside the unit.
Mr Ruiz said he unsuccessfully tried to kick in the front door before Ms Garbin let him in, and told her to grab her belongings and leave with him.
Mr Ruiz testified Mr Moylan had told him to get out, then asked for Mr Ruiz's mobile phone because he said he had been assaulted and wanted to call the police.
Mr Ruiz said Mr Moylan tried to grab the phone out of his hand so he punched him to the cheek with a force he rated as about 5 or 6 out of 10.
Mr Ruiz said Mr Moylan stumbled backwards and fell to the floor, saying to the woman "Michelle, you can't leave me you're f...ing mine".
"I didn't take it very well because of the things [Ms Garbin] told me," Mr Ruiz said.
"I kicked him with my right foot … I put my hand on the back of his neck and kicked him … I probably used 10 per cent of my actual force."
Mr Ruiz testified he then punched Mr Moylan "a couple of times more" before the older man tried to get up, then stumbled back and hit his head on the wall.
"He asked me to put him to bed. I said say please. He said 'can you please put me to bed?'"
"I placed him on the bed … he said thank you.
"He was still breathing."
First punch 'was self-defence'
Mr Ruiz said he left a handwritten note with his telephone number on it, in case Mr Moylan decided he wanted to press charges against him.
Mr Ruiz told the court as he and Ms Garbin left the unit, he heard a "thud", but neither of them went back to Mr Moylan's bedroom to check on him.
The court has heard he later sent a photograph of his bloodied shoes to two friends with a message saying: "My shoes have blood from kicking some c…'s head in … he deserved it f...ing paedo."
Under cross-examination from state prosecutor Katrin Robinson, Mr Ruiz said he first punched Mr Moylan because he was defending himself against the elderly man trying to take his phone.
He said the kick to Mr Moylan's face came after he heard him describe Ms Garbin as "mine", testifying the comment "disappointed" him.
"You wouldn't really say that to someone who's staying in your house," he said.
"You shouldn't treat girls like that — [masturbating] in her room over her. She's old enough to be his granddaughter.
"I was telling him to pull his head in.
"If he didn't say it I wouldn't have hit him."
When asked by Ms Robinson why he described Mr Moylan as a "paedo" in the message to his friends, he testified "She's old enough to be his granddaughter. There has got to be something wrong with you."
“So an elderly man having a crush on a younger woman makes them a paedophile?" Ms Robinson asked.
“Well if there’s 50 years' difference, then yes," Mr Ruiz said.
When asked what he meant when he said to his friends Mr Moylan deserved it, he replied "being assaulted".
Mr Ruiz denies that he had intended to kill Mr Moylan or that he had intended to inflict life-endangering injuries on him.
