Murder accused says he “went too far” during Mooroopna assault

By Liz Mellino

A man on trial for the murder of another man in Mooroopna last year told police he is not a violent person and did not mean to hurt his victim.

Trevor Whybrow’s record of interview was played to the jury in his Shepparton Supreme Court trial yesterday, with the accused attempting to recall his actions on the night of May 27 which left Barry James Moffatt, 69, dead.

Mr Whybrow, 58, who is facing one charge of murder, told police he physically assaulted Mr Moffatt because he had tried to sexually assault him inside his mother’s McKean St, Mooroopna, unit on the night of his death.

During his record of interview Mr Whybrow sat with his hands taped in paper bags, telling police he believed he had broken them when punching Mr Moffatt as they "hurt to move".

The McKean St, Mooroopna unit where Barry Moffatt was fatally assaulted by his former partner's son.

When asked to recall his actions from the night, Mr Whybrow said he had drunk about four or five beers, a swig of rum and a shot of brandy.

Mr Whybrow insisted he was not drunk, saying he was not "slurring (his) words" or "staggering" and he "could have (driven) home".

The accused initially told police he could not remember the incident happening, saying he could recall being in bed and being "touched up" by Mr Moffatt before he "snapped" and began punching his victim to the face.

“Barry is on the floor, I've got him by the scruff facing me ... I'm just giving him a few hammers,” Mr Whybrow said when asked to recall the incident.

“I just done the manly thing, punched him in the head a few times — obviously went too far ... his face was a bloody mess.”

During the interview police asked the accused if he could recall the triple zero call which occurred following the incident.

Police stated Mr Whybrow described his hands to the operator as "registered weapons", stating his victim was "on the ground and he’s finished, and if he wakes up he'll be even more finished".

“The way it sounds is it doesn’t sound very good — I don’t remember saying that,” Mr Whybrow replied.

The accused told police he had known Mr Moffatt for about four or five years, saying he thought he would "break his nose, knock a few teeth out and knock him out".

Mr Whybrow said he had liked his victim and had known his family, admitting to police he may have gone "overboard" with his actions.

“I'm not sorry about the first couple of punches, he deserved it. He did not deserve dying, that he did not deserve, and I'm sorry for that that,” he admitted.

“I felt pissed off, annoyed at him for doing it — I didn't want to hurt him, I didn't want him dead, If I can bring him back I would.”

The jury was also played a covert recording of the accused speaking to two undercover operatives who had been placed in his cell at Shepparton Police Station on May 29.

The trial is set to continue today.