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Crown Counsel accused Fox of telling lies to the jury

is accused of attempted murder, said the defendant concocted the events and told lies under oath in a desperate attempt to avoid the consequences of his actions.

The trial of Fox, of Bridle Hill, entered into its fifth day in the Supreme Court yesterday.

Prosecuting Crown Counsel Mr. Stephen Harrison told Fox that he lied to Police while giving his statement "to suit himself''.

"In your Police statement you said you stabbed (Michael) O'Brian because you were depressed, but now you say you did it because he was making sexual advances towards you,'' Mr. Harrison said.

"What can you tell the jury to make them know you're telling the truth?'' Fox replied: "That's for the jury to decide.'' Fox pleaded not guilty in the Supreme Court last week to attempting to murder and rob office manager O'Brian on November 2 1993.

He also denied wounding him with intent to do grievous bodily harm.

O'Brian received knife wounds to his elbow, arm and left side of his stomach which damaged his intestines and caused multiple wounds to his pancreas.

Last week O'Brian told the Supreme Court that after letting Fox into his Langton Lane apartment to use the phone book, he felt a blow to the side of his head which knocked him to the floor.

He added that Fox demanded money, and hit him several more times before he was able to escape and get help from his neighbour.

On Thursday Fox told the court that he went to O'Brian's apartment after O'Brian invited him over, suggesting that he could help with Fox's financial problems.

"Around 10 p.m. I went to O'Brian's apartment and knocked on the door. He opened it and I asked him if he remembered me from earlier that day. He said `yes' and invited me in.'' Fox added that while he was looking for a friend's telephone number, O'Brian told him that he would help him with his financial problems if he would do something for him.

"I asked him what it was, and he told me sex was involved,'' Fox said.

"I told him that I was not about all that and he asked me how bad I needed the money.

"O'Brian also said nowadays people don't do anything for free and then he started rubbing my arm.'' Fox said he pushed O'Brian away and told him not to do that. O'Brian then picked up a knife from the ironing board and they started to fight.

"I must have lost my head and that's when I stabbed him. After that he was still fighting.

"I realised what I did when I saw guts hanging out of his stomach,'' Fox said.

Yesterday Mr. Harrison said: "I suggest to you that you have fabricated the evidence which you have given in court and you have attempted to make up lies with your evidence to escape the consequences of your actions.

"You were tapped out, and you had borrowed all the money you could from your friends and family,'' Mr. Harrison told Fox.

"You told officers that you were feeling depressed and stressed over trying to get money.'' Fox said: "I did not stab O'Brian over my financial situation and I did not go to his apartment attempting to rob him.

"I stabbed him because of the situation I was in with him making sexual advances to me.'' Mr. Harrison added: "I believe the statement you told Police was significantly true.

"You ran out of options, you were depressed and upset about not being able to find any money. You had to find someone to give you a hand, that's what the truth is.

"You went to O'Brian's apartment to kill him so you could rob him and his apartment.'' Mr. Harrison pointed out that in his Police statement Fox admitted to intending to rob and kill O'Brian so he could get away unnoticed after robbing him.

"That is not true. I told the Police that because I didn't want to tell them what really happen,'' Fox said.

"A man has pride and the public would have thought that I was taking part in homosexual activity with him.'' Fox also told Mr. Harrison that after realising he had stabbed O'Brian and saw that it was serious, he wanted to call an ambulance but he just wanted to get home.

Mr. Harrison and defence lawyer Mr. Archie Warner will give their final submissions today before Puisne Judge the Hon. Mrs. Justice Wade.