By Emily Smith

Copyright abc

A man on trial for murder emailed his police officer cousin, telling her he had been “framed, set up, falsely accused” the day after a man’s death, a Tasmanian court has heard.

Brothers Luke Anthony Shaw, 33, and Paul William Shaw, 35, along with Patrick Kenneth Dolbey, 40, are on trial in the Supreme Court in Launceston for the alleged murder of David Wayne Jenkins in George Town on October 22, 2022.

They have all pleaded not guilty, with lawyers arguing self-defence or defence of others.

Warning: This story contains graphic details of a fatal assault, which may cause distress.

On the trial’s sixth day, the court heard from two friends of Luke Shaw’s mother, who described helping him following the alleged murder, with one lending him a phone and the other booking him a flight under someone else’s name.

It also heard from Tasmania Police Senior Constable Ashlee Goss, who said Luke and Paul Shaw were her cousins, and she knew their mother well.

She said Luke Shaw called her hours after Mr Jenkins’s death, indicating he was aware of the incident but had not been involved.

Senior Constable Goss was then handed a copy of an email Luke Shaw had allegedly sent her the following afternoon, which she read aloud to the jurors.

“I’m stressed out and emotionally upset,” she said, reading the printed email.

The email went on to say he was “so traumatised by everything” and was being “framed, set up, falsely accused” before he signed off with, “kindliest regards, talk soon, Luke Shaw”.

Asked by Luke Shaw’s defence lawyer, Peter Kilduff, whether his client sounded “stressed out” in the initial phone call, Senior Constable Goss said:

“Was he crying?” Mr Kilduff asked.

“I don’t believe so,” Senior Constable Goss said.

She said she knew her cousin was a person of interest at the time.

The court has previously heard that on the night of his death, Mr Jenkins had threatened Luke Shaw with a baseball bat because he believed the younger Shaw brother had assaulted his friend.

The court has also heard Mr Jenkins was stabbed 11 times.

Police taken to George Town to locate murder weapon

The court also heard from another police officer, who said she went to Launceston Reception Prison two days after the alleged murder to take Mr Dolbey’s fingerprints.

She said afterwards, Mr Dolbey told her he could take officers to the alleged murder weapon.

She said she and other officers travelled to George Town with Mr Dolbey to search an area he pointed out.

She said the search was initially unsuccessful.

But Mr Dolbey’s defence lawyer, Fran McCracken, asked whether she was aware “that later police officers did find a knife at that general location?”

“Yes,” she responded.

Valium, cannabis and alcohol found in deceased’s blood

Neil McLachlan-Troup, from Forensic Science Service Tasmania, told the court he analysed Mr Jenkins’s blood after he died, and found drugs including diazepam — also known as Valium — cannabis and alcohol.

He said taking the drugs together could have exaggerated their effects, which can include things such as drowsiness, poor balance and coordination, and slow reflexes.

But following questions from Luke Shaw’s lawyer, Mr McLachlan-Troup also said if a person was a heavy consumer of those substances for some time, they could build tolerance and not be as affected.

Paul Shaw’s lawyer, Greg Richardson, asked whether the substances could have reduced “inhibitions”, which Mr McLachlan-Troup said was “very possible”.

Co-accused downloaded police scanner on phone

Denise Bosworth, a friend of Luke Shaw’s mother, told the court she returned to her George Town home at about 11:30pm on the day of the alleged murder to find Luke Shaw in her lounge room.

She said he was upset and asked to use her phone.

“He was listening to it, yes.”

She said she heard him say, “Did Dolbey get rid of it?” during a phone call made from her phone.

She said Luke Shaw told her he thought he had killed David Jenkins.

Luke Shaw’s lawyer asked Ms Bosworth if his client told her he was in the shower when Mr Jenkins came inside and attacked him with a baseball bat.

“Yes,” she said.

She agreed that Luke Shaw said he then called his brother for help.

“[Luke Shaw] said because Dippy [David Jenkins] had a baseball bat, he grabbed for a knife?” Mr Kilduff asked.

“That’s what he told me,” Ms Bosworth said.

Ms Bosworth said Luke Shaw was at her house until 3:30am or 4am on October 23, when he was picked up in a car.

Luke Shaw’s mother calls on friends to help

Belinda Jayne Cox said she and her partner drove from their Launceston home in the early hours of October 23, 2022, at the request of Luke Shaw’s mother, an old friend, who asked that Ms Cox collect her son from a George Town address.

She said they returned to Launceston with Luke Shaw at about 4am or 5am on October 23, 2022.

She said her partner thought it would be better if Luke Shaw stayed at a hotel, so she booked him into the Village Family Motor Inn in Launceston.

Asked what she was told had happened, Ms Cox told the court Luke Shaw said he had been “set up” and “jumped upon”.

She said Luke Shaw wanted to visit an auntie on the mainland, so she booked him a flight to Melbourne under her son’s name.

Asked why it was booked under a different name, Ms Cox said it was because Luke Shaw had no identification.

She said she dropped him at the Launceston Airport at 8pm on October 23, 2022.

Luke Shaw’s lawyer had one question for Ms Cox: “You’re clear Luke Shaw denied murdering anybody?”

“Yes,” she said.

On the trial’s opening day, Prosecutor Daryl Coates SC said it was the Crown’s case that while Luke Shaw stabbed the deceased, all three men acted together to attack Mr Jenkins and were responsible for his death.

Lawyer Mr Kilduff told the court his client, Luke Shaw, did not dispute that he stabbed Mr Jenkins, but said he did it to defend himself and his brother.

Lawyers for Paul Shaw and Mr Dolbey said for their clients to be guilty of murder, the death had to be a probable result of their actions.

The trial, before Justice Michael Brett, continues.