Witness challenged over push claim

Last updated 10:06 21/05/2014
Andy Marshall
KILLED DURING A NIGHT OUT: Andy Marshall was following his dream of becoming a professional musician in Australia.

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The man who says he saw former Feilding man Andy Marshall pushed to his death through a second-storey window has been accused of lying about what happened.

Mark Sylva, was giving evidence at the trial of Stefan Schmidt in Western Australia's Supreme Court.

Marshall, a cousin of slain Feilding farmer Scott Guy, died after being pushed out of the upstairs window of a Perth hotel in 2011.

Schmidt was found guilty of murdering Marshall in 2012, but had his retrial begin this week after his conviction was quashed on appeal.

Sylva told police he had watched Schmidt argue with another man before approaching Marshall, The West Australian newspaper reported.

In his statement, he told police he had followed Schmidt into the bar with the idea of calming him down and asking him to leave.

But in court yesterday, defence lawyer Colin Lovitt accused Sylva of lying about his plans, claiming the security guard was not giving accurate evidence.

At one point, Judge John McKechnie had to intervene in questioning, asking Lovitt to stop shouting at Sylva, The West Australian reported.

Sylva said some of the statements he made in the past were not correct, but said he had a good view of what happened.

He said he saw everything happen from the lobby.

Dean Banning, who was in the bar at the time, said he was waiting to buy a drink when he saw Schmidt push Marshall with both hands.

He then saw Schmidt punch another man before leaving the pub.

The trial continues.

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