BROCK Delinecort, the brother of slain boxer Landon Delinecort, says he was coincidently driving past the family home when his car headlights illuminated a fight in the middle of the road between Landon and his accused killer Luke Turnbull.
He got out of the car and told his girlfriend Brittney Rejtano to drive off.
Brock said he struck Turnbull around his head with a large black torch, saying he did it to get him off Landon who was on the ground in the scuffle.
Brock, in cross-examination by defence barrister Saul Holt QC, denied striking Turnbull around his legs with either the torch or a pole - but agreed he struck him numerous times in the head with the torch.
In the Supreme Court trial underway at Bundaberg, Turnbull, 38, has pleaded not guilty to three Crown charges: the murder of Landon Delinecort, 24, on November 27, 2015 at Avoca; causing grievous bodily harm to Calvin Delinecort; and assaulting Brock Delinecort.
In day four of the trial, evidence was given by more than a dozen witnesses.
Brock agreed he did not first tell police about striking Turnbull on the night his brother died.
Mr Holt reminded Brock that in the previous court committal hearing he said he 'forgot' but was now saying he 'deliberately withheld that information' from his first police statement.
"The reason I said that (forgot) it felt like they were attacking me (in the court proceedings)," Brock said.
Brock disagreed that he hit Turnbull with a pole, axe handle or a bat, saying 'I had a torch in my hand'.
Brock also described the scene as chaos, and how, with his brother lying on the road, Turnbull used 'thrusting motions' with an object to keep him (Brock) away, describing Turnbull as 'back pedalling' while trying to keep him away.
He (Turnbull) was making stabbing motions. It didn't register it was a knife," Brock said.
Brock agreed he told Turnbull 'I'll f**kin kill you c**t'. And had (earlier) seen Landon run at Turnbull then Turnbull tackle him to the ground.
He agreed with Mr Holt that when he first arrived at the scene and saw his father Calvin lying on the road he 'thought it was a punch up'.
Brock said he saw Landon briefly jump up but collapse back onto the road.
"I let him (Turnbull) go to his bike, just leave. He went around the (glass) and puddle of claret," Brock said.
Brittney Rejtano told the trial that she drove down Cummins Rd and saw the fighting.
"I could see the two young boys (children) run into the middle of the road. Then as we got closer I saw Landon and Luke (Turnbull) fighting in the middle of the road," she said.
"Scuffling with each other, fighting, grabbing each other. They were both throwing punches. I saw Calvin passed out.
"I did see a metallic object in Luke's hand when Brock shone the torchlight.. a glimpse of something shiny."
Court heard that the mobile phones of Calvin, Brock and Landon Delinecort had never been recovered by police. And a check by police of Landon's number through his provider was unable to show any data or use.
Turnbull gave police his phone after handing himself in at his lawyer's office some days later.
Witness, Tara Lancock said she was out that night with Turnbull's partner Naomi when they came across Turnbull at 7.45pm limping as he walked toward her home.
His head was bleeding badly and after taking him inside the house she later drove him to her house where he and Naomi stayed overnight.
In her statement she said: 'it (head wound) was pissing out blood, dripping on the floor'.
"He (Turnbull) said they all started coming at him with bats (at Calvin's house)," Ms Lancock said.
"Think he said about five. He said they looked like black baseball bats.
"He said he got hit and he was defending himself. "He (Turnbull) said it looked like someone had a knife in their hand, saw something silver."
Ms Lancock said she told Turnbull the next morning that Landon had died after seeing it on Facebook - she agreed during cross-examination that he seemed shocked, scared by the news.
Witness, Samantha Taylor recounted how Turnbull arrived at her home that night and asked to store stuff, his blue Harley motorbike in the shed, her garage.
He was bleeding and limping, and been a friend of her partner Blair.
"I thought he'd fallen off his bike," she said.
The trial continues today.
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