Marshall murder decision reserved

00:00, May 27 2014

The retrial of the man who pushed former Feilding man Andy Marshall to his death has finished, with the judge reserving his decision.

Stefan Pahia Schmidt had been on trial since last Monday in the Western Australia's Supreme Court for murdering Marshall.

Marshall died after being pushed out of the upstairs window of a Perth hotel in May 2011.

Schmidt has never denied pushing him, but insists he did not mean to kill him.

Marshall is a cousin of slain Feilding farmer Scott Guy, who was shot in his driveway in 2010.

The trial was scheduled to end on Friday, but a spokesperson at the Supreme Court said the defence and prosecution gave their closing addresses yesterday.


The trial has been before Justice John McKechnie alone, and he reserved his decision.

Schmidt was originally found guilty of murder after a jury trial, and sentenced to a minimum 14 years' jail in June 2012.

But his conviction was overturned last year on appeal.

In court last week, Schmidt told the Supreme Court he become scared when he saw Marshall fall because a "mob mentality" might develop at the beachside hotel, The West Australian reported.

"My first instinct was just to go home," Schmidt said. "I was scared. I was in disbelief. I couldn't believe what had happened and I was worried everyone at the club was going to turn on me as well."

Schmidt weighed 152kg at the time, and told the court he had taken two ecstasy tablets and smoked marijuana before he got to the pub.

But he said the drugs had little effect on him, The West Australian reported.

Schmidt said he had always intended to hand himself into police, and only went home to process what had happened.

On his way home, he sent a text to a friend that told that person they would never be the alpha male again.

Andy Marshall's parents Alan and Wendy Marshall have been at the trial. Alan Marshall told The West Australian the retrial was not easier due to having heard the evidence before.

"You are clicking in and out of two worlds, almost, you feel you are listening in on someone else's story and someone else's life.

"They talk about a body going through the window - and then you realise that is your son, and this is our life."

The newspaper also reported that Wendy Marshall's sister Jo Guy - the mother of Scott Guy - was giving the couple support during the trial.

Manawatu Standard