Mr Russell’s step-sister Kiara Jane White yesterday described the fight during a Supreme Court hearing at Bathurst Court House.

Ms White told the court that in March 2009 she had witnessed murder accused Tony Simmons, 27, and Mr Russell “full on arguing” at Mr Russell’s home in Kelso. Simmons and his girlfriend Jodi Biles were living there at the time. 

“Tony was punching into Andrew. His nose was bleeding and there was blood running down his face,” Ms White told the court.

Defence barrister Phil Young SC questioned Ms White about a signed entry in a police notebook in which she had stated Andrew Russell had been sitting in front of the house shouting out to Jodi Biles, who was across the road at the time.

In the statement, Ms White said Ms Biles had asked her to stay until Simmons got home because she didn’t feel safe. Ms White said 10-15 minutes later Simmons came home and “got a bit aggro”.

She said Simmons said he had to go out and told Mr Russell to leave his wife alone.

According to Ms White, Simmons told her step-brother: “If you touch anyone, you’re dead.”

Ms White said she couldn’t remember giving any of the information contained in the notebook.

“It’s my signature so I must have,” she said. 

Wayne Douglas Burns gave evidence that he had last seen Mr Russell at his sister Kelly’s house on June 2, 2009 when he came to borrow a DVD. 

Mr Burns said Mr Russell had indicated he was going to get some Chinese and left. Mr Burns left a short time later. 

Earlier, the court had been told no-one had seen Mr Russell since that date and his bank account had also not been touched.

Simmons’ uncle, Trevor Peters, also appeared as a witness before the court.

The court was told that in August 2011, Mr Peters was spoken to at Penrith police station about a call he received from Simmons on June 3 at 9.12am. Mr Peters denied receiving the call. 

Simmons’ former next door neighbour Jacob Flood was also called to the stand.

He was asked if Simmons had shown him some photos on a mobile. “He probably did but that was a long time ago,” Mr Flood replied.

Crown barrister Pat Barrett handed Mr Flood a copy of the statement he gave to police in July 2013. In his statement, Mr Flood admitted being shown a photo of Andrew Russell’s face and what appeared to be injuries.

Sharon Evans, formerly known as Sharon Kelly, also said she was shown a photo on a phone.

She added that Simmons told her it was Mr Russell and that they’d bashed him.

“But you didn’t recognise him?” Mr Barrett asked. “No,” she replied.

The final witness in yesterday’s line-up was Jacob John Peters, who said he only had a vague recollection of events around the time Mr Russell disappeared because Mr Peters was using drugs.

He admitted being at the house when the fight between Simmons and Mr Russell broke out.

However, he said he could only vaguely remember the incident and he could not 100 per cent remember being interviewed by police in 2012. 

The Supreme Court will sit in Bathurst for the final time today before the hearing resumes in Sydney tomorrow.