was scared of being exposed as the real attacker.

That was the claim yesterday from Mr. Tim Marshall, lawyer for the man on trial, Milton Shane Watson.

Smith and Watson were both at the cottage of Wilbur Doe the night the 68-year-old widower was beaten about the head with a wrench in his kitchen, the court has heard.

But Smith, once expected to be a major witness against Watson, left Supreme Court yesterday after spending nearly two days insisting he could not remember what happened.

His performance contrasted with his role in two earlier, inconclusive trials, when he gave his version of events.

Yesterday Mr. Marshall asked him: "Is it not true that you cannot remember your lines because you know full well that this man (Watson) never assaulted this man?'' "I can't remember because I can't remember,'' said Smith.

Mr. Marshall continued: "Is it not true that what you are afraid of... is that if you do remember you are going to be exposed as the person who assaulted Mr. Doe?'' "How am I supposed to answer that?'' replied Smith. "I'm saying I can't remember.'' Mr Marshall suggested Smith had so far escaped the ordeal of trial for murder of Doe. "In the last two trials you gave a full account placing the blame on Mr. Watson,'' he said.

"If I did, I don't remember,'' Smith replied.

Mr Marshall added: "I am going to suggest to you, Mr. Smith, that you don't remember doing that because you have blocked it out of your memory because you know the evidence you gave in the past was nothing but a pack of lies.'' "You can say what you like,'' said Smith. "I just say I can't remember.'' Earlier, Solicitor General Mr. Barrie Meade suggested Smith might be in contempt of court for failing to "refresh his memory'' overnight with trial documents.

Smith said he could not remember being told to read the papers by Chief Justice the Hon. Sir James Astwood.

But the Chief Justice, commenting that the case was "irritating'' him, allowed Smith to stay in the witness box.

Mr. Meade asked him: "Have you ever killed anyone, Mr Smith?'' "Not to my knowledge,'' he replied.

Smith was then asked if he had killed Wilbur Doe.

"I don't remember killing nobody,'' said Smith. "Like I said before, I don't remember the circumstances.'' Mr. Meade asked him to examine a wrench produced as evidence, but Smith would not touch it, saying his hands would get dirty.

After Smith stepped down, the court heard Det. Ch. Insp. Victor Richmond read a statement he said Watson made to Police.

According to Det. Ch. Insp. Richmond, Watson said his personality was divided between "Shane'', who attacked Mr. Doe, and "Milton'', who had education and potential.

In the Police statement Watson said he wanted Mr. Doe to stop "tormenting'' Mr. Freddie Thomas, his friend and his employer on a construction job above Doe's workplace. And he described how he and Smith waited for Doe to come home and watched him look around "as if he sensed something''.

Watson allegedly told Police: "He opened the door and the next thing I knew I was beating him. I remember him saying `No, please, I had a son that died.' I hit him and he fell and he said: `I didn't know you was like that.' "He put his hand out for me to help him. I put my right hand out and I grabbed him and I held him. My left hand came down on his head.'' Watson said Smith did not strike Doe at any time, said Det. Chief Insp.

Richmond.

Watson denies premeditated murder. The trial continues.