Man guilty of concealing stabbing walks free
AN Ipswich man who helped his lover conceal a crime has walked free from court albeit with a suspended sentence hanging over his head.
Allen Lee Divo, 50, pleaded guilty on Monday in the Brisbane District Court to helping his then lover Anthony Scott Roy Warwick conceal the stabbing of their friend Graham Alan
Livingstone on November 6, 2011 at the Saddler's Crossing home they shared.
Divo was initially charged with attempted murder but a Supreme Court jury were unable to determine his guilt after a two week trial last year.
Crown Prosecutor Dzenita Balic told the court Divo, who did not witness his partner's attack on Mr Livingstone, had attempted to clean up the scene and lied to police about what he knew had occurred.
"When police arrived at the scene they saw him washing blood off the verandah," she said.
"He told police he was alone in the house and was not aware of any incident taking place.
"When asked, he said he had not seen Warwick for about two days."
Ms Balic said Warwick stabbed Mr Livingstone in the heart after becoming involved in a heated argument.
"Mr Livingstone had gone to the house with someone else to purchase drugs," she said.
"That person was the one who drove Mr Livingstone to hospital where he underwent emergency surgery to save his life.
"Surgeons said he was extremely lucky to survive."
Ms Balic told the court Warwick faced trial last year where he was found guilty and subsequently sentenced to seven years and seven months behind bars.
Defence barrister Kim Bryson said Divo had offered to plead guilty to the lesser charge of being an accessory after the fact to grievous bodily harm before his trail, but the Crown rejected it.
She said told the court the attempted murder charge they pursued resulted in a hung jury only for them to accept the downgraded plea earlier this year.
"Divo did not witness the altercation between Mr Livingstone and Warwick," she said.
"After he became aware what happened he panicked, that is why he lied to police.
"Despite prosecutions claims, there was a significant amount of forensic evidence located at the scene which they used at both Supreme Court trials."
Judge Hugh Botting said the offence was extremely serious, but the defence had presented a number of factors in which he was required to consider when determining the sentence.
He sentenced Divo to 12 months in jail but wholly suspended the sentence for 18 months.