An expert witness has told a Supreme Court jury that Maryborough man John Bourke suffered significant injuries to his face caused by "substantial force".
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Two teenage boys have pleaded not guilty to the murder of Mr Bourke, 45, whose body was found in his Derby Road home on July 15, 2018.
Forensic radiologist Dr Christopher O'Donnell examined CT scans of Mr Bourke's body and gave evidence to the court on Tuesday that he found numerous fractures, which were a mixture of acute (no evidence of healing), healing and healed.
The court heard Mr Bourke had osteogenesis imperfecta, or 'brittle bone disease', a genetic condition affecting all bones in the body which made them more prone to breaking.
The trial so far:
- Day 1: Murder trial begins for teens accused of killing Maryborough man
- Day 2: Court hears teen charged with murder was drunk and upset night man died
- Day 3: Neighbours heard yelling on the night Maryborough man died, jury told
- Day 4: Teen heard saying he went to the wrong home night man died, court told
- Day 5: Jury told accused teens fought on night man died
- Day 6: Murder accused's DNA found at victim's home, court told
Dr O'Donnell said Mr Bourke had fractures to both sides of his jaw, fractures to the middle of his face, a fractured cheekbone, and a fractured eye socket.
It was his opinion that these injuries required a "substantial" amount of force to occur, even with Mr Bourke's diagnosis of OI, and there would have been at least three separate impacts to cause them.
The court heard these injuries were acute, although Dr O'Donnell could not say whether they occurred at the same time.
He said that while acute fractures could be weeks old - and even older in people with OI, because the healing process took longer - some of the facial injuries seen in Mr Bourke would need medical attention within about a day because they would cause such pain and trouble to the sufferer, but there was no evidence of this.
Facial fractures were unusual in a person with OI, Dr O'Donnell said.
In cross-examination, Dr O'Donnell agreed less force was required to cause such injuries in a person with OI than to a person in good health.
He also said he did not know exactly what caused the injuries, only that they were blunt force injuries.
Dr O'Donnell agreed with a defence proposition that the extent of Mr Bourke's pre-existing fractures beyond his scoliosis or use of a mobility aid would not be visible when he was dressed.
He told the court Mr Bourke's OI was of "quite a substantial severity".
The court heard evidence that fractures to Mr Bourke's spine, legs and ribs were common in people with OI, and people with the condition could suffer fractures in the course of ordinary living.
Dr O'Donnell agreed with the prosecutor that an acute fracture to Mr Bourke's femur was possibly consistent with stomping, but he would expect more than one fracture if there were multiple impacts.
The trial continues.
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Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
