South Shields attacker denies landing fatal blows in vodka bottle 'scuffle'

A man on trial for killing his ex-girlfriend's brother has told jurors he got into a scuffle with the alleged victim because he thought he was about to be attacked by him.

Pearse Kavanagh said Philip McQueeney came at him with a vodka bottle and there were "punches thrown" but has denied claims that he kicked him.

Proscutors claim Kavanagh attacked Sarah McQueeney then turned on her frail sibling after he said "get off her, get off her, leave her alone" and caused him fatal internal injuries.

Newcastle Crown Court heard Mr McQueeney, 40, who had existing health problems, died within hours of the violence at his sister's home in South Shields, South Tyneside, on July 19 2022.

Kavanagh, 46, of Frobisher Street, Hebburn, South Tyneside, has admitted assault on Miss McQueeney but denies manslaughter.

Speaking from the witness box today, Kavanagh told the court the trouble started that day when Miss McQueeney brought up a topic of conversation which he found upsetting.

He told the court: "I started calling her names."

Kavanagh said he had become "upset" and said he "lashed out" and hit Miss McQueeney in the face but was unsure if it was a punch or slap.

He added: "She started crying, her nose was bleeding."

Robin Turton, defending, asked if Mr McQueeney reacted in any way to what happened and Kavanagh said: "That's when he stood up with the bottle of vodka.

"He came at me with the bottle.

"He was walking towards me with the bottle."

Kavanagh said he thought "he was going to hit me" and added: "I stood up and punched him."

He told the court he believed the punch connected with Mr McQueeney's face and added: "Philip went down. It was very vivid. I think I tripped over and ended up falling on top of him.

"I fall on top of him, we have a bit of a scuffle, some punches are thrown."

Kavanagh said as he was trying to get back up, Mr McQueeney had grabbed hold of his neck.

Mr Turton asked Kavanagh what brought the scuffle to an end and he replied: "Sarah was screaming and crying, that made me snap out of it, realise what was happening. It was Sarah basically that made us stop."

Kavanagh added; "I came to my senses and I got up off Philip, picked up a bottle and walked out."

Mr Turton asked Kavanagh: "It was alleged by Sarah you kicked Philip twice, did you kick Philip?"

He replied: "No."

Kavanagh told jurors his relationship with Miss McQueeney ended in December last year and added; "I just cut all ties, I broke my mobile phone so she couldn't contact me no more."

Mr Turton asked him: "How do you feel about what happened to Philip?"

Kavanagh replied: "Upset."

The court heard the police had been called to Miss McQueeney's house and they performed CPR on Mr McQueeney until the paramedics arrived but he went into repeated cardiac arrest and died at hospital.

A post mortem showed he had suffered lacerations to his liver and the membrane over his small intestine and had blood in his abdomen, on top of his existing health problems.

The trial continues.