'I had no intention of stabbing him or anything'
A FAMILY photo hanging on the wall of Percy Pashley's home in Bundaberg triggered an argument with his neighbour John Benedict Lee, who went home and grabbed a knife.
Lee told a magistrate, although he had a knife and chased Pashley, "I had no intention of stabbing him or anything".
Lee, 40, pleaded guilty in Bundaberg Magistrates Court of going armed so as to cause fear to Percy Pashley on Wednesday, November 8.
It was the day after Bundaberg was hit by a big storm that uprooted trees and blacked out thousands of homes.
"I'm guilty. The reason was he had a piece of wood," Lee said appearing before the court from jail via video-link.
"He was coming at you," queried magistrate Neil Lavaring.
"With a piece of wood about this long and this thick," said Lee, using his hands to show the alleged size.
"Could I get bail today. I was gonna ask if you could release me on 12-month probation with a short suspended sentence," Lee said. "I'm guilty to having the knife and chasing him."
Prosecutor Steve Bardini said there was no power (to homes) following an intense storm and Mr Pashley had a generator and offered to put food on.
Sergeant Bardini said both men were having drinks at 3.30pm when Lee pointed to a photo on the wall of Pashley's house, saying it was a photo of his niece and nephew.
Mr Pashley was saying it was other children and the two men argued over the family photo.
Sgt Bardini said Lee left the house and went across the street to his own home and got two knives, yelling at the man (Mr Pashley), saying "I'm going to kill you c---".
Lee then ran across Franklin St and chased Mr Pashley (who was at the front door) back inside the house, waving two knives at him.
Sgt Bardini said the man (Mr Pashley) defended himself with a wooden pole, while Lee was yelling "come here you mother------, I'm going to kill you".
Police later seized a black-handled knife and a green-handled knife at Lee's house.
"He told me to go home. He threw a knife at me first," Lee told Mr Lavaring.
"When I went to my place, he stood at the door with a piece of wood banging.
"The photo on his wall was me and my cousin. It was stolen from a house I used to live in.
"He threw one (a knife) at me. He followed me over to my place with a piece of wood.
"If he hadn't followed me over. I wanted to get him away from the place and he's already put a hole in my screen door from another occasion."
Lee then mentioned he'd been approved for Legal Aid and Mr Lavaring again told him he should have legal representation.
"Just sentence me today, your honour. I'm up for $1500 for rent on my house," he said.
"I haven't been locked up in jail since 2009. I've pretty much behaved myself, only some public nuisances."
Mr Lavaring said he would not proceed with sentence until Lee had his Legal Aid lawyers. The case was adjourned until January.