A man who slashed his mate's throat at a Boxing Day barbecue in Newcastle, killing him, has been found not guilty of murder.
Newcastle Supreme Court Justice Richard Cavanagh said on Thursday the key prosecution witness in the judge-alone trial had not been reliable or credible when giving different versions of what had happened on the night Steven O'Brien was killed.
Shaun Johnson, 38, of Coopernook, had pleaded not guilty to murdering Mr O'Brien, 50, in suburban Mayfield on December 26, 2019, but guilty to the lesser charge of manslaughter, claiming self-defence with excessive force.
Mr O'Brien died after having his throat cut in a backhanded-type slashing motion, cutting the jugular vein. The wound measured 22cm long and 4.4cm wide.
He had been drinking with Johnson and another man, Billy Gee, for several hours before the deadly attack.
Justice Cavanagh said all the evidence pointed to the men having a good time before something was said and Mr O'Brien's throat was cut.
Steve O'Brien died on Boxing Day in 2019 after his throat was slashed during an argument at a home in Newcastle, north of Sydney
In the Newcastle Supreme Court on Thursday, Shaun Johnson pleaded guilty to the lesser charge of manslaughter, claiming self-defence with excessive force - he was also found not guilty of murder
The judge said it was unclear if the weapon used had been a knife, garden spike or pick.
He outlined how one of Mr Gee's versions involved Johnson confronting Mr O'Brien over claims he had been sleeping with Johnson's partner.
Mr Gee said Mr O'Brien told Johnson: 'No, I wouldn't do that mate. I don't need to. I've got my own missus.'
Mr
