ActivePaper Archive Cross-dresser fled crime scene - The West Australian , 7/27/2011

Cross-dresser fled crime scene

A cross-dresser who hid in bushes as his car was broken into and torched told a manslaughter trial he fled without reporting the blaze to search for a change of clothes from clothes lines.

A 17-year-old youth is on trial after pleading not guilty to the manslaughter of his 16-year-old friend, whose remains were found in the gutted Holden Astra parked at the Bassendean Village Shopping Centre on September 28.

The 31-year-old witness, whose name was suppressed, told the jury yesterday he was wearing women’s clothes when he stopped at the carpark about 1am to find a tap for a drink of water.

Soon after leaving his car, he heard its windows being smashed and saw two people at his car. But he did not approach them because he feared for his safety, especially given his clothes.

The man said he ducked into hedges near a fast-food drivethrough close to his car and heard the pair talking but could not make out words or see them. One walked past to cross a road and he heard him yell out repeatedly, “Come on mate, let’s go, hurry up,” for up to five minutes before he left.

He said it made sense he was calling to his partner-in-crime who was at the car and he used a name the jury has been told was the accused teenager’s nickname.

The man said he emerged from the bushes to see his car, which he had for two weeks, ablaze.

After about 10 seconds he “panicked” and fled without reporting the fire. He said he tried to find clothes on clotheslines to change into because his normal clothes were in his car and he spoke to police later that morning.

Defence lawyer Simon Freitag suggested the victim left first and could have returned thinking his friend, who had fled, was trapped in the burning car and “died trying to do something heroic”. The accused teen admits torching the car.

Prosecutor Justin Whalley told the jury the victim must have been in the car when it was set alight, which made the accused criminally negligent.

Forensic pathologist Judith McCreath said the victim’s blood alcohol level of 0.197 could have impaired his judgment and motor functions and been an “added effect” to his death. The jury was told the accused told police he checked to ensure no one was in the car before he lit the fire.

His aunt testified that she drove her nephew around that morning searching for the victim.