AN inmate in Bathurst Correctional Centre had a conversation about missing man Andrew Russell with the man later accused of Mr Russell’s murder, the Supreme Court heard yesterday.
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Luke Roland Davis yesterday said murder accused Tony James Simmons, 27, told Mr Davis police were trying to get Simmons for something to do with a missing person.
“I told him I didn’t want nothing to do with it,” Mr Davis said.
Mr Davis was appearing as a witness at Bathurst Court House before Supreme Court Justice Peter Hamill in relation to Bathurst man Mr Russell.
Mr Russell disappeared in June 2009. No body has been found.
Simmons is facing one charge of murder and another of assault occasioning actual bodily harm.
Crown barrister Pat Barrett said that in April 2009, Mr Davis was serving a six-month sentence at Bathurst Correctional Centre.
He asked Mr Davis if he had known Mr Russell. Mr Davis said he had not.
Mr Barrett also asked him if he had anything to do with Mr Russell’s disappearance.
“I’m pretty sure I was in custody when that went down,” Mr Davis replied.
Mr Davis did, however, speak of a conversation he had with Simmons inside Bathurst jail.
Mr Davis said Simmons told him the police had his girlfriend’s mother’s car.
“Did he say why?” Mr Barrett asked.
“Something about a missing person or something,” Mr Davis replied.
Defence barrister Phil Young SC reminded Mr Davis of his statement to police about that conversation: “At that point Tony spoke up and said ‘the cops took my missus’ mum’s car’ and laughed. He said ‘they reckon we murdered Andrew’.”
“That’s what appears in your statement. Are you sure you have that conversation right?” Mr Young asked.
“I put it to you that when you were in custody with Mr Simmons there was a conversation where you told Mr Simmons you were present when Andrew Russell was killed by Jamie Waring.”
“That’s a lie,” Mr Davis said.
Mr Young also suggested that Mr Davis had also said Mr Russell had hit his head on a coffee table and busted his head open.
“Had you heard from somewhere else that this was the way Andrew Russell died?” Mr Young asked. “No,” Mr Davis replied.
The hearing will move to Sydney tomorrow, where it will open with evidence from Jodi Biles, Simmons’ girlfriend at the time of Andrew Russell’s disappearance.
