One of seven youths accused of killing a 27-year-old man in Kelvin Grove has been released on strict bail conditions.
A 15-year-old boy accused of murdering a 27-year-old man in a brutal Brisbane assault and car theft has been granted bail in the Childrens Court of Queensland.
AI-generated summary
A 27-year-old man was killed in July following an alleged assault and car theft in Kelvin Grove, leading to murder charges for seven teenagers.
One of several teenagers accused of killing a Brisbane man who was the subject of a "prolonged and brutal assault" before being run over by his own car has been granted bail.
In July, police arrested the 15-year-old boy and six other children aged between 14 and 17, in relation to an alleged attack of a 27-year-old man in Kelvin Grove.
The group allegedly dragged the man from his car, before beating him then stealing his ute.
While trying to stop them from fleeing in his vehicle, he was allegedly run over.
The teen was initially charged with a range of offences including robbery in company and grievous bodily harm, but this was upgraded to murder after the man died in August.
On Thursday, he appeared in the Childrens Court of Queensland in Brisbane where his lawyers successfully argued he should be released ahead of a trial.
During his bail hearing the court heard the group had allegedly hatched a plan to assault and rob the man.
The court heard the entire incident was captured on video, which had been played during an earlier bail hearing.
Judge Anthony Rafter told the court this was "fairly compelling evidence" as it clearly showed him kicking and punching the man, which his lawyer accepted.
However, Ria Ku told the court her client denied taking part in "any planning in the situation" to specifically target the man and was in the rear passenger seat when he was struck.
She told the court the issue at trial would be the teenager's level of involvement.
"The recordings do show he had taken part in the assault, but that's not to say that he had driven the car," she said.
"My instructions are my client had come in a place of genuine assistance but then as things panned out the matter escalated."
'Violent attack' captured on video
Deputy Director of Public Prosecutions Greg Cummings told the court in the lead up, there was a "throwaway" line from one person about "going to bash a paedophile" but the video and other statements disputed this.
He told the court the teens set upon him immediately for "no apparent reason".
"The recording from the actual events … demonstrates right from the beginning it was a violent attack in order to steal, nothing to do with altruistic purposes whatsoever", he said.
The court heard an autopsy report was still outstanding.
Mr Cummings said because of this it could not be alleged yet whether his death was the result of the earlier assault or from being "flung" from the ute.
"We're just not in a position to say whether the injuries inflicted in the initial assault of which [the teenager] was definitely involved, are those which caused his death," he said.
The court heard the teenager, who was a New Zealand citizen, had no criminal history.
His mother also offered to pay a $40,000 surety for his release.
Judge Rafter told the court the evidence indicates the teen played an active role in a "prolonged and brutal assault" of the man.
"The crown case of the defendant's involvement in the violent assault appears to be very strong if not overwhelming," he said.
However, Judge Rafter told the court the case for murder or manslaughter against the teen appeared to only have "some substance" without an autopsy.
Judge Rafter determined the teenager could be released on strict conditions including that he wears an ankle tracking monitor and abides by a 24-hour curfew.
He cannot leave his home without being accompanied his parents or a representative from the Department of Youth Justice and must not contact any of his co-accused or witnesses in the case.
AI outlook — possibilities, not facts
Autopsy report will be finalized for the case
Very likely · Within weeks
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