Source : Perth Now news
A man accused of killing a father and son at a birthday party allegedly claimed the elder of the two “shouldn’t have touched my mother”, a court has been told.
Joel Fitzgerald was charged with two counts of murder in November last year, months after Karl Gruber-Terrick, 23, and his father, Karl Dieter Gruber, 54, were allegedly fatally stabbed in January.
It’s alleged up to 20 people had gathered at a home on Observatory St in Clyde North to celebrate a child’s first birthday when an altercation broke out.
Mr Fitzgerald appeared in the Melbourne Magistrates’ Court on Wednesday morning as the case was set down for a five-day committal hearing in July when 15 witnesses will be called to give evidence.
The court was told it’s believed one witness will give evidence about an alleged conversation he had with Mr Fitzgerald at Dandenong Plaza about six months after the pair’s deaths.
It’s alleged Mr Fitzgerald denied killing Mr Gruber-Terrick in the conversation and was later accused of killing Mr Gruber.
“Well, he shouldn’t have touched my mother,” the accused man allegedly responded.
The court was told prosecutors would allege this was an admission, while Mr Fitzgerald’s defence disputed the witness’s account.
Mr Fitzgerald was charged on November 18 after a 10-month investigation into the two men’s deaths.
According to Victoria Police, emergency services found Mr Gruber-Terrick and Mr Gruber with stab wounds to their upper bodies about 9.30pm on January 16.
The pair died at the scene.
Mr Fitzgerald will return to court on July 27.
