04-08-2025
Murder accused Dale Hamilton told police different accounts of victim's death
A court has heard a Western Downs man accused of murdering another man in a neighbourhood dispute told police different versions of the fatal incident.
Dale Joram Edward Hamilton, 28, is accused of stabbing Jonathan Clarence Martin, 44, at a Hawkins Street property in Miles, west of Brisbane, on March 21, 2023.
On the first day of the trial, Crown prosecutor David Finch, told the Toowoomba Supreme Court that the dispute was in regards to Mr Hamilton damaging Mr Martin's car and tormenting his dog.
Mr Finch told the court that on the night of his death Mr Martin went to Mr Hamilton's home with a second man, Gary Mitchell, and had been carrying a tomahawk.
The court was shown police body-worn footage of Mr Hamilton speaking to an officer after Mr Martin's death.
The jury heard Mr Hamilton tell police that he was warned two men were looking for him, and that he confronted the pair outside his home with his dog after hearing them outside.
They heard Mr Hamilton told the officer his dog attacked Mr Martin after the 44-year-old knocked him over.
"There was two of them there trying to hit me," Mr Hamilton said in the footage.
"I was on the ground and my dog ran up and grabbed hold of him."
The court heard that police initially thought Mr Martin died from injuries sustained by the dog attack.
Detective Acting Sergeant Amy Wolski told the court their investigation changed after she viewed the body and discovered an alleged stab wound.
"After seeing the wound on his chest the matter now became trying to investigate how it was sustained," she told the court.
"I take it the focus was no longer on a dog bite?" prosecutor David Finch asked.
"Yes, that is correct," Detective Acting Sargent Wolski responded.
The court was then shown a police interview with Mr Hamilton recorded on March 25, 2023.
The jury heard Mr Hamilton tell officers that on the night of Mr Martin's death he was at home playing video games when three men starting banging on his back door.
He said he had to push through the men to try and flee his home when one of the doors was opened.
"I just wanted to get away," the court heard Mr Hamilton say.
In the interview Mr Hamilton said he was surprised to hear Mr Martin suffered a stab wound and did not know how he sustained it.
The court heard Mr Hamilton said blood found on a knife in his home was likely his own as he often took it to work at a Miles sawmill.
In an opening statement to the jury, defence barrister David Jones raised several points of dispute in the case.
He told the court that the first of these was whether the tomahawk was the only weapon Mr Martin and Mr Mitchell bought with them.
"Who had the tomahawk? Then who were the aggressors?" Mr Jones posed to the jury.
"What caused the injury? If it was a knife, where is the knife? How was the injury caused?"
Detective Acting Sergeant Wolski will return to the stand tomorrow.
Mr Hamilton had his bail extended until a verdict was reached.
