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Jury at scene of OBH alleged murder
Accused murderer Stefan Pahia Schmidt. Picture: Steve Ferrier/The West Australian

A Supreme Court jury has visited Cottesloe's Ocean Beach Hotel this morning to view the scene of the alleged murder of a pub patron who died after being pushed and falling through a second floor window.

Accused murderer Stefan Pahia Schmidt, Supreme Court Justice Ralph Simmonds, State prosecutors and defence lawyers also attended the "view" at the top floor bar area of the OBH.

Mr Schmidt has admitted pushing Andrew Marshall out of the way before his fatal plunge through the window on May 8 last year.

Mr Marshall died the following morning from injuries sustained in the fall.

Prosecutors do not allege it was a pre-meditated murder, rather they accuse Mr Schmidt of intending to cause bodily harm that would endanger or was likely to endanger Mr Marshall's life.

But Mr Schmidt says he did not intend any harm and the death was a dreadful accident.

The jury spent about 15 minutes on the second storey bar area of the hotel this morning before being returned to a court room in Perth.

The jury was informed yesterday that they would be attending the view. Justice Simmonds told the jury that the purpose of the view was to allow the jurors the opportunity to look at the staircase leading to the top bar and primarily to view the top bar area itself.

He said the purpose of the view was so that the jurors could appreciate the size and dimensions of the bar area, the area surrounding the window and the ledge adjacent to the window.

Physicist Ralph James, who gave evidence yesterday about the smash tests on the windows at the OBH and the amount of force needed to break the glass, is expected to continue being cross-examined today.

The trial is scheduled to finish next week.

The West Australian

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