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Home / New Zealand

Verdict no comfort for Kiwi's family

AAP
20 Jun, 2012 07:32 PM3 mins to read

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Andy Marshall was fatally hurt when he was thrown through the window of a West Australian bar. Photo / NZ Herald

Andy Marshall was fatally hurt when he was thrown through the window of a West Australian bar. Photo / NZ Herald

A 152kg former bouncer in Australia has been found guilty of murdering a New Zealand musician by pushing him out of a second-storey pub window.

A West Australian Supreme Court jury delivered a guilty verdict against Stefan Pahia Schmidt, 26, late last night after an eight-day trial.

Schmidt appeared surprised by the verdict, holding his head in his hands and crying as the jury left the court.

He had not denied pushing Andrew Marshall, 29, through the window of the Ocean Beach Hotel in Perth's upmarket coastal suburb of Cottesloe in May 2011, but had pleaded not guilty, saying the death was an accident as he only meant to push Mr Marshall out of the way.

Mr Marshall's family travelled from New Zealand to Perth for the trial.

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His father Alan said they sought answers about their son's final hours and death, and to honour their treasured family member.

"There is no other place that we could be today,'' he told reporters outside court.

"It has been heartbreaking and difficult to listen to.

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"We knew it was going to be tough attending the trial and we weren't mistaken.

"It has been gruelling and harrowing, at times more than we could bear.''

The Marshall family had found little relief and comfort in what they had heard, he said.

"We didn't come seeking closure or even justice.

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"The truth for us is that there is no verdict or outcome that will bring Andy back to us.

"We don't want to be bitter and waste our energy with regrets and grudges - that would be just punishing ourselves over and over - but we do want to send a strong message that violence is unacceptable and intolerable.''

A trained boxer and kickboxer, Schmidt had testified that Mr Marshall got in his way at the pub as he tried to tell two girls he knew to "go home''.

Mr Marshall had been talking to the girls with his back to the window when Schmidt told him to "f*** off'' and pushed him after Mr Marshall allegedly said something in reply - words the accused could not remember.

Prosecutor Amanda Forrester, during her jury address, said any reasonable person - not to mention a former crowd controller with fight experience - would have known the dangers of pushing a man standing in front of a second-storey window.

Defence lawyer Tom Percy said both the victim and the accused were desperately unlucky.

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If Schmidt had "intended any serious harm'' to Mr Marshall, "he would have smashed him'', Mr Percy said.

He also said that if the window had been safety glass "we wouldn't be here today''.

Mr Percy conceded Schmidt should not have fled the pub as Mr Marshall lay dying on the footpath outside but he was "not on trial for showing a lack of compassion on the night''.

Schmidt faces a life jail sentence.

Sentencing is scheduled for September.

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