Teenage boy accused of murdering Dau Akueng refused bail

A third child walking home from basketball managed to escape an attack that killed two young boys, a court has been told.

A 16-year-old boy accused of involvement in the “shocking” murder of two young friends has been refused bail after asking a court to let him go live interstate.

The boy, who cannot be named for legal reasons, is one of five males charged with the murder over the death of Dau Akueng, 15, in Cobblebank on September 6.

Dau and his friend Chol Achiek, 12, were allegedly ambushed and killed by a group of boys associated with a youth gang while they were walking home from basketball at about 8pm.

The boy’s mother, who was present in Victoria’s Supreme Court on Wednesday, wept as her son was refused bail.

The court was told the family was applying for bail with the intention of moving the boy to Queensland to remove him from “damaging” influences on his life in Melbourne.

During the hearing, gruesome new details about the alleged murders of the two young boys also emerged.

Cobblebank machete victims Dau Akueng and Chol Achiek. Pictures: Supplied.

Called to give evidence, the detective who led the police investigation said it was alleged Dau and Chol were killed in retaliation for another murder eight months earlier.

Another teenager, Kon Hsu Sein, 18, was fatally stabbed on December 20 last year in the nearby suburb of Kurunjang in what police described as a brawl involving up to 40 youths.

The officer said Mr Sein was allegedly attacked by members of the GDG youth gang, made up predominantly by members of the South Sudanese community, and that five people have been charged with his murder.

Dau and Chol, the court was told, were “completely unknown” to the area’s youth gangs, with it being alleged they were killed because they were young Sudanese males.

The officer said it was alleged one of the teenage boy’s co-accused, age 15, was with Mr Sein when he was killed.

Five boys and three men have been charged over the alleged murders. Picture: Victoria Police.

The court was told of a third child, walking home with Dau and Chol, who managed to escape when a Nissan X-Trail allegedly carrying the boys’ killers pulled up.

It’s alleged police located a pair of grey tracksuit pants with blood during the boy’s arrest, alongside images on his phone depicting gang signs.

The officer gave evidence he’d been told the boy had been subject to threats while in youth detention, which he understood to be a stand over to pay other boys “canteen money or rent”.

Refusing bail on Wednesday afternoon, Justice James Elliott said he believed there was a risk that the boy could “endanger the safety or welfare” of persons if released.

He said he was not satisfied that the boy could adhere to bail conditions in Queensland, despite his grandmother offering up her life savings as a surety if he was released.

CCTV captured figures running during the attack. Picture: Supplied.

Representing the boy, barrister Colin Mandy SC proposed he would go to live with his mother and said his client had expressed a willingness to find work and educational opportunities if bailed.

In response, Crown prosecutor Kristie Churchill argued the boy had not met the bail test of showing exceptional circumstances to justify his release.

She described the alleged murder as shocking and horrific, noting Dau suffered 72 blade injuries in the attack.

Flowers are placed at the scene in Marble Drive Cobblebank where Chol died on September 6. Picture: NewsWire / David Geraghty

Ms Churchill said Dau’s family was “terrified” of the prospect of this boy receiving bail and have sought assistance to relocate from Cobblebank due to fears of further violence.

She argued the risk to the community remained unacceptable and said it was unknown what associations the boy had in Queensland where he would be out of the supervision and reach of Victoria Police.

Ms Churchill said there was no evidence the tensions between the two groups of young men had “abated or ceased”.

The boy will next appear alongside his five child co-accused in a Children’s Court early next year.

Originally published as Teenage boy accused of murdering Dau Akueng refused bail