Chronology - High Court of Australia

IN THE HIGH COURT OF AUSTRALIA
ADELAIDE REGISTRY
No. A9
of 2014
ON APPEAL FROM THE COURT OF CRIMINAL APPEAL OF THE SUPREME
COURT OF SOUTH AUSTRALIA
BETWEEN:
HIGH COURT OF AUSTRALIA
FILED
10
DANIEL GLENN FITZGERALD
Appellant
and
2 2 APR 2014
THE QUEEN
Respondent
THE REGISTRY ADELAIDE
APPELLANT'S CHRONOLOGY
Part 1:
20
I certify that this chronology is in a form suitable for publication on the internet.
Part II:
No. Date
1.
18.06.2011
Appeal
Book
Reference
Time
(where
available)
Rvent
5pm
Kristy Oats, Kym Howard Drover and
the deceased (Kym Bruce Drover)
arrive at Hogarth Road, Elizabeth
South house.
Already at the house was N ardene
W anganeen, her children and Leticia
Webb.
Lynda Webb and Bob (Lynda's
boyfriend) later arrive at Hogarth
Road.
2.
18.06.2011
6pm
Sumner and Fitzgerald both attend an
amateur boxing tournament, held at
the West Adelaide Football Club.
Sumner shakes hands with and puts
Filed on behalf of the Appellant
lies Selley Lawyers
38 Carrington Street
Adelaide SA 5000
pfit401·001_056.rtf
Date of filing 22 April 2014
Telephone: (08) 8 110 1700
Fax: (08) 8110 1799
Ref: Matthew Selley
-2-
his arm around Fitzgerald to say hello.
3.
18.06.2011
6.30pm
Lynda Webb and Bob leave Hogarth
Road to pick up John Webb (the father
of Grant Sumner) from the airport.
4.
18.06.2011
After
6.30pm
Steven Drover and Doug Webb
arrived at the Hogarth Road house.
5.
18.06.2011
7pm
At around this time, Leon Karpany
and N atasha Fidler arrived at the
Hoga~th Road house.
6.
18.06.2011
lOpm10.30pm
The boxing tournament concludes.
Sumner shakes hands with Fitzgerald
to say goodbye.
Sumner drops his cousin at a petrol
station on Churchill Road, before
being dropped himself at the Hogarth
Road House, where he finds his family
and friends sitting in the kitchen.
7.
18.06.2011
10.30llpm
At the house, Sumner spends most of
his time in the kitchen, toilet,
bathroom and out the back.
In the kitchen, Sumner sits on the
freezer, because there were not enough
chairs.
8.
18.06.2011
9.
8.06.2011
Sumner 'spars' and play fights with
the deceased in the kitchen. The
deceased tells Sumner to stop and goes
to have a sleep in another room.
Around
2am
Sumner goes out the front of the house
and has an altercation with a group of
girls parked in two cars finther down
Hogarth Road.
Sumner drags one of the girls by the
hair and kicks the car windscreen in.
10.
18.06.2011
pfit401·001_056.rtf
Sumner returns inside to the kitchen
and resumes sparring with the
.
.
-3deceased. Sumner pushes the deceased
into the kitchen wall, leaving a hole.
11.
18.06.2011
Sumner becomes agitated and yelling
that the people at the house did not
like his mother (Wendy Sumner).
Sumner punches Kym Howard Drover
in the face.
12.
18.06.2011
A physical altercation occurs out the
front of the Hogarth Road house
between John Webb (the father of
Sumner) and Sumner, and later, Leon
Karpany. This fight ends with John
Webb punching Sumner in the jaw,
and Sumner running down the road.
13.
18.06.2011
The deceased and John Webb run after
Sumner down the road towards Phillip
Highway.
14.
18.06.2011
Wendy Sumner arrives at the Hogarth
Road house in a white van to collect
Sumner.
15.
19.06.2011
In the early hours of the morning, a
group of men returned to the Hogarth
Road house.
16.
19.06.2011
Sumner gives evidence that he woke
up in his bed and his girlfriend
"Djkeera" was next to him.
Dated 22 April2014
~ ~ ~c--- p D.M.J.~Q:C----10
Phone-:(02) 8115 9108
Fax: (02) 9232 8995
Email: [email protected]
A.L. To
_
Phone: (02) 8815 9183
Fax: (02) 9232 8995
Email: [email protected]
Counsel for the appellant
pfit401-001_056.rtf

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