Perth man denies causing neighbour's fatal heart attack during loud music dispute
By Joanna Menagh
Posted about an hour agoMon 13 Jun 2016, 4:12pm
Photo: Police at the scene of the altercation between the neighbours. (ABC News: Robert Koenig-Luck)
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Map: Armadale 6112
A man has denied causing the death of his neighbour who died after an angry and physical confrontation with him over loud music.
Christopher Carkeek, 38, has pleaded not guilty to unlawfully killing Brian Burgess, 45, who collapsed in the driveway of his Seville Grove home in May last year.
Mr Burgess later died in hospital.
The WA Supreme Court heard that unbeknown to Carkeek, his neighbour had an enlarged heart and severe hardening and narrowing of his blood vessels.
Prosecutor Amanda Burrows said it was alleged the "stressful situation" which was caused by Carkeek led to Mr Burgess' death.
The confrontation between the two men happened around 7:00am on May 31, 2015 and lasted for several minutes.
The court heard it erupted after Mr Burgess complained to Carkeek that he had been playing loud music at a party at his house throughout the night.
Ms Burrows said the two men abused each other and Carkeek hit Mr Burgess twice to the back of the head.
"We say the accused man was the aggressor and that Mr Burgess was trying to get him off his property," she said.
"The issue is ... did the accused man's actions in confronting the deceased in this very aggressive manner, and in assaulting him, did that cause the death of Mr Burgess?"
Ms Burrows said the prosecution would be calling a cardiologist who would testify the stressful situation triggered Mr Burgess' collapse and death.
Brian Burgess a 'walking time bomb'
But Carkeek's lawyer Judith Fordham told the jury it would be "foolish and scientifically wrong to attribute the death to any stress Mr Burgess suffered at the time."
Ms Fordham said the defence would be calling its own cardiologist, who was expected to testify Mr Burgess was a "walking time bomb" whose heart condition meant he could have died at any time.
'We simply can't say the exact mechanism of his death ... it's impossible to attribute a single trigger to the cause of his death," she said.
The trial is expected to run until next week.