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Australia Woman accused of shooting death of her husband at their Muja home said 'I can't take it anymore'

04:12  04 december  2019
04:12  04 december  2019 Source:   abc.net.au

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Debra Jane Alicia Holmes has pleaded not guilty in a Bunbury Supreme Court to the murder of Wayne Chappell, 56.

Mr Chappell was shot and killed on the couple's hobby farm in Muja, near Collie, about 200km south-east of Perth, in July 2018.

The court heard Mr Chappell, a boilermaker at the Griffin coal mine, and his de facto wife Ms Holmes, then 53, had been drinking and watching football before he allegedly assaulted her.

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She allegedly picked up the hunting rifle and shot him in the stomach before calling an ambulance, but he was declared dead when help arrived.

Triple-zero call crucial evidence

Prosecution lawyer, Brett Tooker, played the jury a recording of a lengthy triple zero call in which an intoxicated Ms Holmes said she had just shot her husband, and "he's in the shed, dying".

"I just went, I can't take it anymore," she could be heard saying.

"He's so mean, so nasty, I just went, I can't put up with this anymore.

"I don't want him to die, and I don't want the kids to lose their daddy."

A blood test, taken at hospital the next morning, 10.5 hours after the shooting, showed Ms Holmes had a blood alcohol reading twice the legal limit.

Defence says no intent to kill

Defence lawyer Tom Percy© AAP Image/Richard Wainwright Defence lawyer Tom Percy Defence lawyer, Tom Percy, told the court his client had not intended to kill her husband when she picked up the gun, describing the triple zero call as rambling and nonsensical.

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has done something terrible that, she could no longer take it anymore . “My husband received the call from Udeme’s mum that Symphorosa was dead and Udeme was taken to the hospital, she said she He said that the accused stabbed her husband and mutilated his corpse by cutting his genitals.

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Mr Percy said that superficially, the couple's long relationship was unremarkable, and they enjoyed regular trips to Bali and spending time with their children and grandchildren.

"In recent months the deceased had been agitated and 'verbally abusive'," Mr Percy said.

Ms Holmes and Mr Chappell had been watching football in the shed about 7 pm when he allegedly became angry and pushed his wife, dragging her 15m over bitumen, which left her with grazes.

Mr Percy said the unsecured gun may have been faulty.

"She didn't believe the gun was loaded, she never intended the gun to discharge," he said.

Mr Percy said his client's level of intoxication could have affected whether she was capable of forming an intention to kill her husband.

Police and family give evidence

Senior Constable Rodolfo Avellino was one of the first at the scene, and said Ms Holmes told him she wanted to scare her husband.

The couple's son-in-law, Matthew Lancaster, gave evidence, saying he had never seen his parents-in-law fight, but Ms Holmes would come to stay after she and her husband "had a blue" from time-to-time.

Mr Chappell's brother, Kim Douglas Chappell, said he had seen Ms Holmes shoot parrots and crows on the property, perhaps 15 years ago, and that she knew how to use a gun.

The trial continues.

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