GLEN Smith and his girlfriend had just intervened in a volatile domestic at Bolton Point and were about to accompany the woman to collect her belongings when Mr Smith was warned that his presence outside the house might make things worse.
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"I don't think you should come, cause if there is a bloke there it might set [Paul Newburn] off," Lisa Walker, Mr Newburn's partner, told Mr Smith about 9pm on January 20 this year.
"If he sees you it will be on, just don't come to the house."
Mr Smith's girlfriend, Michelle Bell, who had moments earlier stepped in to protect Ms Walker after she saw Ms Walker allegedly being bashed by Mr Newburn near a phone box on Threkeld Drive also urged Mr Smith to keep his distance.
"Alright then you can't come to the house as it will make things worse," Ms Bell told Mr Smith.
"If they see a male they will want to fight,"
But Mr Smith, 38, wanted to be there to protect Ms Bell and eventually agreed that he would go to the house at nearby Leumeah Place while the women collected Ms Walker's belongings but would hang back, only emerging from behind a bush if he heard Ms Bell call out.
A short time later, after a series of escalating arguments between the parties and with other neighbours who came out of their houses to get involved, and a "tit-for-tat" fight using a golf club and a weapon described as either a makeshift spear or a knife attached to a curtain rod, Mr Smith was dead, stabbed in the left side of his chest through the fifth rib and into his chest cavity.
Mr Newburn, who is represented by public defender Peter Krisenthal and solicitor Robyn Fraser, appeared in Sydney Supreme Court on Friday where he pleaded guilty to manslaughter, admitting to killing Mr Smith, but not guilty to murder.
The prosecution rejected the plea to manslaughter and the matter was set down for a four-week murder trial in Newcastle Supreme Court in August, 2020.
Mr Newburn and Ms Walker had been in a relationship since about October, 2017, after meeting on Facebook, according to a Crown case statement.
As of September, 2018, the couple were homeless and living variously with friends, family and camping at caravan parks.
And despite an apprehended violence order in place to protect Ms Walker, a warrant out for Mr Newburn's arrest and their struggles to find Department of Housing accommodation, the couple remained together. On January 18, Mr Newburn ran into a friend at a shopping centre at Toronto and the man agreed to let the couple come and live with him in Leumeah Place, Bolton Point, before they moved to Tasmania.
On January 19, the couple allegedly injected themselves with a "hit" of ice, with Ms Walker deciding to purposely avoid Mr Newburn because of concerns about how the drug would affect his behaviour and demeanour.
On January 20, a Sunday, the couple became involved in a heated argument and Ms Walker threatened to leave, but Mr Newburn would not allow her to take her belongings, according to the Crown case statement.
Ms Walker left the house in Leumeah Place and walked to a phone box at nearby Threkeld Drive.
Mr Newburn walked up the street abusing Ms Walker, the pair argued and two witnesses allegedly say they saw Mr Newburn punching Ms Walker.
It was then that Ms Bell heard the pair arguing and intervened, allegedly telling Mr Newburn "you f---ing leave her alone". Mr Smith also came to the woman's aid, allegedly telling Mr Newburn to "f--- off" as Ms Bell took Ms Walker into her home.
The Crown statement says Ms Walker asked Ms Bell if she would go with her to collect her belongings from the house in Leumeah Place and Mr Smith said he would go too.
The trio then discussed whether Mr Smith's presence outside the home would only inflame the already charged situation.
Ultimately, Mr Smith - who must have been highly intoxicated according to the results of an autopsy - decided to go to the house armed with a golf club missing the club head, but stood back behind some bushes.
According to the prosecution, the fatal fight unfolded from here.
First, Ms Walker knocks on the door, there is an argument about the belongings and Mr Smith inches closer towards the bottom of the driveway, still armed with the golf club.
There's yelling and screaming, neighbours start shouting about calling the cops and then Mr Smith is at the front door of the home in Leumeah Place, jabbing the golf club through the screen door. The front door is slammed shut, pots are smashed, there is more screaming and abuse and now Mr Smith is banging on the door.
Then, another neighbour, a female, interjects herself into the fight, swearing at Ms Bell and Mr Smith, who break their fixation on the Leumeah Place house long enough to go over and "shape up" to her.
Ms Walker breaks it up and the trio return to the house and continue to hurl abuse.
Witnesses say Mr Smith and Ms Bell - who started this as good Samaritans looking to assist a domestic violence victim - are being "aggressive", according to the Crown case statement.
Then, seemingly from nowhere, Mr Newburn allegedly runs from the house armed with the makeshift spear and starts a fight with Mr Smith, who is still armed with the golf club.
Again Ms Walker attempts to play peacemaker, getting between the pair, but Mr Newburn and Mr Smith allegedly continue to jab at each other with their weapons. Witnesses describe the fight as "tit-for-tat", according to the Crown case statement.
The fight continues until Mr Newburn allegedly stabs Mr Smith in the left side of the chest. Mr Smith calls out "he stabbed me" and falls to the road.
While Ms Bell screams for help, triple-zero calls are made and CPR is started, Mr Newburn flees through the house, grabs a bag and disappears out the back door.
A police manhunt ended when Mr Newburn was arrested at Belmont McDonald's, across the road from Belmont police station, about 7pm on January 21.
I don't think you should come, cause if there is a bloke there it might set [Paul Newburn] off. If he sees you it will be on, just don't come to the house.
- - Lisa Walker, Paul Newburn's partner, told Glen Smith before Mr Newburn fatally stabbed Mr Smith at Bolton Point on January 20 this year.