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Both pleaded not guilty. To be found guilty of murder, the Crown needed to prove the pair either intended to kill Ross or were reckless as to whether their actions could cause his death. The jury heard the assault was the culmination of a nasty feud between Ross and his neighbour, Kim Fisher. They’d had “a bit of a fling” in the past, but developed an intense dislike for each other after their brief relationship ended. A friend of Ross who lived in the same block, Stuart Parker, took part in verbally abusing Fisher, and she frequently retaliated. Marsh was a close friend of Fisher and often witnessed her clashes with Ross and Parker. At some point, Marsh’s car was scratched and derogatory words were written in dust. Marsh was convinced Ross and Parker were responsible.
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According to Zarifeh, after the brief relationship between Ross and Fisher came to an end, the pair did not get on well at all. They developed an intense dislike for one another and this resulted in heated and bitter arguments between. During at least two of these arguments, the police had to be called. A friend of Ross who also lived in the same apartment block, Stuart Parker, took part in verbally abusing Fisher, and she frequently retaliated. Marsh was a good friend of Fisher and often visited her at the housing complex. He often witnessed the fights between her and Ross and Parker.