Bail bid for Cole Miller accused postponed due to visa issues

A BAIL bid for one of the men charged over the death of Cole Miller has been delayed at the last minute after revelations the New Zealand national would go straight to immigration detention if released.

Not to be published until Saturday the 30th Jan 2016xx Cole Miller who was a victim of one punch.

A BAIL application for one of the men charged over the coward-punch death of Cole Miller has been delayed at the 11th hour after the Australian Border Force revealed the New Zealand national would go straight to immigration detention if released.

Daniel Jermaine Lee Maxwell, 21, was due to make a second attempt for bail in the Brisbane Supreme Court this morning.

But his lawyer, Michael Bosscher, revealed in court this morning it could not go ahead after Australian Border Force contacted crown prosecutors outlining its intention to transfer Maxwell to an immigration facility.

“If released... (it is) likely he’d be taken into immigration custody,” Mr Bosscher said.

Outside court, Mr Bosscher revealed the phone call from the federal department to the Crown only came at 9.15am. The bail hearing was scheduled for 10am.

In his affidavit lodged to the court last week, Maxwell wrote he could not explain his actions on January 3, when 18-year-old Mr Miller was allegedly assaulted.

Maxwell said he was a devout Mormon who went to church every Sunday and was not usually prone to violence.

“I have difficulty explaining my actions on that particular evening,” he wrote from the Arthur Gorrie Correctional Centre.

“I am not naturally a violent person. I also rarely drink alcohol.

“I had no intent to cause significant or serious harm to anybody.”

An excerpt from the police statement is contained in Maxwell’s affidavit.

The statement said Maxwell asked Renata if he wanted to “see something funny” before be threw punches at both Mr Miller and his friend Nick Pace, but they “did not connect properly”.

It is alleged Renata then “circled around behind” Mr Miller and punched him in the head.

The promising water polo player died in hospital the next day.

Maxwell said in his affidavit he did not “invite Armstrong Renata to participate in any way” and admitted he had been drinking alcohol.

Maxwell, an apprentice barber who moved to Australia from New Zealand to further his rugby career, wanted to reside in Melbourne if he was granted bail today.

Mr Bosscher said Maxwell was not yet aware of today’s events and he would need to discuss options with him.

Daniel Jermaine Lee Maxwell, 21, is one of two men facing a charge of unlawful striking causing the death of Mr Miller, an elite water polo player, in January.

A Supreme Court application was scheduled for Thursday but was adjourned to a date to be fixed after it was heard the New Zealand national may be taken into immigration custody if bailed.