During the testimony from prosecution witness Daniel Hewitt from the Darwin Triathlon Club today, the judge's attention was snared by defendant Paul Arnold "waving his hands in the air".
The judge acknowledged Arnold's animated state, and responded: "Speak to your lawyers."
Arnold got to his feet and spoke to his legal team.
Defence barrister John Tippett QC got to his feet and said: "Mr Fiddler the next witness is waving at my client and intimidating him through the gap in the door, and that's what's caused my client to respond."
The judge replied: "Mr Tippett, I think someone from the DPP's gone outside.
"If the witness could stay away from the door."
At the conclusion of Hewitt's testimony, the judge addressed wave-gate again.
Judge: "I notice that Mr Arnold mentioned something about the witnesses behaviour through the glass.
"I didn't see anything, and I can't see anything. I'm not saying that I disbelieve Mr Arnold saying that Mr Fiddler was or wasn't doing anything.
"I'm not going to make a finding about that at all.
"I noticed that when he was gesturing all the lawyers at the bar table had their heads down. They didn't seem to be looking out the window.
"Of course you'll let your witness know he's not to communicate with the defendant in any way shape or form, and I'm not suggesting that he did or didn't do that.
"I'm not going to give it any weight at all. I'm not entering into an investigation at this stage about it.
"Of course the witness has to come into court and give his evidence now.
"It's a difficult case for everybody.
"But I want the witness to understand he can't communicate with the defendant. He needs to come and give his evidence and also that Mr Arnold needs to sit quietly and listen to the evidence, and I'm going to assume everybody's going to behave appropriately in the court room.
"Unless anyone wants me to take it any further at this stage. Mr Tippett? Do you?"
Defence barrister Tippett: "No your honour. He should just be told to take it easy.
"It's on CCTV, so all of his actions will be available for us to have a look at."
Judge: "That's right. If there is anything, we can see it. Unless you do want me to take it.."
Tippett: "At this stage no. He should be simply advised.
"If the matter needs to be taken any further we'll just get the CCTV."
The matter was adjourned until after lunch, and resumes in two minutes.
We are The Mango Inquirer.
[Note: The main image is from the movie: 'The Shining'. The Mango Inquirer does not imply the witness Brett Fiddler nor the defendant Paul Arnold are comparable to this violent movie character. The only similarity we present is a hole in a door, and the arrival of someone on the otherside that appears to make the other person fearful.]
