AFTER a day of deliberation, the jury in cause grievous bodily harm trail of Kyle Henderson retuned a guilty verdict
Henderson’s trial entered its second week on Monday before Judge Robert Sutherland, with a jury finding him guilty in intending to cause grievous bodily harm when he stabbed his brother Dwayne Henderson on June 20, 2023.
Under cross examination on Tuesday, the Crown Prosecutor Shane Drumgold SC accused Kyle Henderson of lying about the events that took place the night he stabbed Dwayne in the thigh, causing him to have his leg amputated.
“You’re lying about things you don’t even have to lie about, I’m suggesting to you,” he said.
Kyle alleged he stabbed his brother in self defence.
He told the court that he was armed with a kitchen knife as he’d used it to stab a hole in the bottom of a dog food can, so that the food wouldn’t suction to the can.
On returning to the kitchen after feeding the dog, which he alleged was to wash the knife, he claimed he found his brother Dwayne.
“He started to move towards me and I pulled the knife and held it and said I don’t want to fight you bro,” Kyle told the court.
“I was scared of him.”
Kyle claimed his brother then grabbed a chair and hit him with it.
“It hit me hard,” he said. “My back hit the wall, my chest was hurting at that point.”
The Crown Prosecutor suggested this series of events was fictional.
“I’m going to suggest that at no point did Dwayne pick up a chair,” he said.
“I’m suggesting you made this up simply because you saw an upturned chair [in a photograph of the crime scene] and thought you’d incorporate that.”
Kyle said Dwayne then put him in a headlock and began punching him.
“He threw a lot of big hits,” he said. “When he had me in a headlock and was hitting me.”
Kyle also said his brother threatened to “kick” his pregnant partner, Meagan Bock “in the guts”.
He claims he stabbed Dwayne while in the headlock.
The crown prosecutor accused Kyle of lying about the headlock and the threats.
“You’re making this up, aren’t you Mr Henderson?” Mr Drumgold said, which Kyle denied.
Kyle admitted that there was a “fair bit of blood” after stabbing his brother Dwayne.
Medical professionals said the knife went so deep into Dwayne’s leg that it cut through his femur bone, potentially severing an artery.
The Crown Prosecutor argued that the depth of the wound indicated intent.
“In order to get a knife that far into a leg, traverse a femur bone, most likely an artery, significant force and significant intention was inflicted,” he said.
“The depth that knife went in tells a story.”
Mr Drumgold summarised in his closing statement that the violence from Kyle was not equal to the perceived danger.
“Thrusting the knife was simply not proportionate to the threat,” he concluded.
Kyle Henderson’s sentencing has been adjourned to a later date.
