Four on attempted murder charges after man falls from balcony during alleged home invasion

One of four people charged with attempted murder of a man who fell six metres off his Brisbane CBD balcony during an alleged home invasion has appeared in court.

Four people accused of attempted murder allegedly raided a Brisbane unit to steal a large quantity of drugs, before a violent struggle broke out and the resident fell off his balcony.

The victim, 37-year-old Kristopher Daniel Moore, suffered serious injuries and was in intensive care for days after falling about six metres from his sixth-floor balcony onto the balcony of a unit one level below at the Republic Apartments in Spring Hill on December 5.

Robert John Birch, 35, of West End, John Suafai Semau, 35, of the Gold Coast, and Annabelle Zoe Smith, 25, of Mango Hill, have all been charged with attempted murder.

A fourth person, a 32-year-old Rochedale South man, was also separately arrested and charged with various offences including attempted murder and grievous bodily harm.

Mr Birch and Ms Smith were arrested on December 16 after an alleged chase with NSW police through oncoming traffic on the Pacific Highway in Sydney’s wealthy North Shore.

Officers fired rubber bullets at the pair through their front windscreen, before boxing the car in. Heavily-armed specialist police arrested the pair, with Mr Birch bitten by a police dog.

Annabelle Zoe Smith, 25, of Mango Hill, applied for bail in the Brisbane Supreme Court on Thursday. She is one of four people charged over the death of 37-year-old Kristopher Daniel Moore. Picture: NCA Newswire / Dan Peled

On Thursday, Ms Smith, who has been behind bars since her arrest almost five months ago, applied for bail in the Brisbane Supreme Court.

Crown prosecutor Ben Jackson said it is believed a violent struggle broke out in the Turbot Street unit, but the home invasion lasted less than 10 minutes.

“The Crown does have evidence to put the four of them, including the applicant (Ms Smith), at the unit, and we do have the applicant’s fingerprint on the inside of the unit door,” he said.

“This is a home invasion that, on one view, went wrong. On another view, it went right. In the sense that the complainant (Mr Moore) was quite badly injured.

“The evidence would suggest that there was a motivation to steal a large quantity of drugs from the complainant … the Crown case will be that it was well-known that he had a large quantity of drugs there.”

Mr Jackson conceded the attempted murder charge will likely be downgraded to grievous bodily harm or malicious act with intent.

Defence barrister Alastair McDougall said key evidence in the Crown case was closed circuit TV footage from the unit block’s lift.

Robert John Birch, 35, of West End, is one of four people charged with attempted murder over the death of 37-year-old Kristopher Daniel Moore. Picture: Supplied

“The allegation that a weapon was taken in (to the victim’s apartment) is hardly compelling on the CCTV that I’ve watched,” he said.

“Four persons are in the lift, (then they) exit the lift.

“One of the occupants of the lift is grabbing his leg and has a limp, and then when that person comes back into the lift he still has a limp but isn’t grabbing onto his leg. The allegation being that whatever he is grabbing onto on his leg, is a weapon.

“The strength of the Crown case is not a strong one, especially in relation to the attempted murder charge. It appears as though whatever occurred in the apartment is not known.”

Ms Smith’s parents, who were in court for the bail application hearing, offered a $50,000 surety to secure their daughter’s release.

The court heard she has a minor two-page criminal history and has been grappling with a drug problem. She has recently reconciled with her parents.

Judge Susan Brown granted Ms Smith bail noting she planned to move back in with her parents, receive professional support, and had no history of breaching bail conditions.