Accused recalls knife in his hand

00:58, Aug 29 2014
IN THE DOCK: Kirk Day, who is accused of murdering Carl Joblin, appears at the Nelson District Court.

Murder-accused Kirkland John Day has told a court about seeing a knife in his hand, and Carl Joblin slumped in the doorway.

Day, 24, has denied murdering Carl Isaac Joblin, 30, at a Nile St house on August 4 last year.

On the fourth day of the trial yesterday, Day's lawyer Tony Bamford told the High Court at Nelson that Day would plead guilty to manslaughter, as he did not have murderous intent.

carl joblin
Carl Joblin

The court heard Day moved to Nelson from Australia with his family when he was 9, and his parents went to on set up Kahurangi Estate winery, in Upper Moutere.

Day said he started smoking cannabis when he was 15, and developed depression. By the time he was 18 he said he was smoking cannabis every day.

He started drinking while living in Wellington, and recalled a panic attack when he missed a flight in September 2012. He hyperventilated, had chest pains, cried and had an "overload" of mental thoughts, which were "evil and extremely irrational".


Day also spoke about his love of skateboarding and playing guitar, which he took up when he was a teenager. He called his guitar his best friend, that his guitar and skateboard got him through "a lot of hard times with depression".

From March 2012, the court heard Day began drinking a large quantity of alcohol on a daily basis.

Toward the end of 2012 he moved back to Nelson and was living at the winery with his parents.

He said he was "secretive" about his drinking, and tried to hide it from his parents.

Day started to have blackouts while drinking, and panic attacks he described as "extremely embarrassing".

He moved into the Nile St house when he and girlfriend Zelia Smart broke up. He said it belonged to a friend of his parents, who they rented it off.

On August 4, he went skateboarding and began drinking wine at the Nile St house. He had a prescription but didn't have enough money to fill it, and he took his medication "sparingly".

Smart went to see him that afternoon and the two argued about Day's parents.

He said he felt the argument signalled the end of the relationship, and he started "sculling" wine as he felt sorry for himself.

He did not want to be alone, so went to the Montreal Rd address where he met with Joblin, as well as Nathan and Delrose Innes and Peter Harvey.

The five went back to the Nile St house, and Day said he told them twice before they got there, of the no-smoking inside rule.

He was "upset" when the rule was broken and threatened to kick Peter Harvey out of the house if he smoked inside again. Day said the pair went "back and forth" on the issue.

"It made me angry. I just felt he totally disrespected my house and the one rule I had."

He said he then tackled Harvey to the ground.

Day said Joblin then pushed or tackled him from behind and the two fell and landed on Day's guitar. He said he heard the snap of the guitar's neck.

He said events of the night were hard to recall from that point.

He recalled crying, and asking everyone to leave the house and he started feeling the effects of a panic attack coming on.

He recalled thinking about his life "falling apart" and " going downhill".

"I felt like I had less and less stuff in my life that was good, it was all getting taken away."

He remembered seeing a knife on a table in front of him, and has a "snapshot" memory of holding a knife in his hand.

"I remember having the knife and wanting to get them to leave. I thought by having the knife it might make them realise I am serious, trying to make them leave."

He also remember seeing Joblin close to the sunroom and stumbling backwards, while looking in his direction. He remembered lifting Joblin up by his shirt and taking him up to the door to try and get him out. "I tried to push him out the door, he just fell down."

He saw Joblin "slumped in the doorway" and then saw spots of blood on the tile floor.

He remembered thinking he stabbed Joblin and then he ran out the front door.

The trial, before Justice Joseph Williams, continues. It is expected Day will take the stand again today to continue giving evidence, and be cross-examined by the Crown. The defence had indicated Day's parents, a friend, and a psychiatrist would give evidence.

The Nelson Mail