Murder convictions of three men jailed over toolbox murder overturned on appeal

The murder convictions against three men over the infamous toolbox murders that shocked Queensland have been overturned on appeal on Tuesday and new trials ordered.

The murder convictions against three men over the infamous toolbox murders that shocked Queensland have been overturned on appeal on Tuesday and new trials ordered.

Trent Michael Thrupp, Davy Malu Junior Taiao, and Stou Daniels have succeeded in their Court of Appeal applications against the two murder convictions handed to each of them by a jury over the horrific 2016 murders of Iuliana Triscaru and Cory Breton.

Co-accused Waylon Ngaketo Cowan Walker’s manslaughter conviction was also overturned on appeal earlier this month. The reasons for this decision were published in full on Tuesday.

Triscaru and Breton were lured to a Kingston unit in Logan where they were tortured, cut with knives, beaten, bound and placed inside a two-metre metal toolbox that their killers then dumped in Scrubby Creek, leaving the pair to drown.

Trent Michael Thrupp.

Stou Daniels

It was dubbed Queensland’s cruellest crime. During a highly-publicised trial, jurors were told the victims repeatedly screamed and begged for their lives until they finally died in a “cold, watery grave”.

Thrupp, Daniels, Taiao and Walker were tried together in a Supreme Court jury trial in 2021.

Thrupp, Daniels, and Taiao were convicted on two counts of murder and two counts of torture each. They were handed life sentences for the murder convictions and 10 years’ jail for the torture convictions.

Walker was acquitted of murder, but convicted of manslaughter. He was sentenced to 12 years’ imprisonment on each count of manslaughter, to be served concurrently.

Iuliana Triscaru and Cory Breton.

All four appealed against their convictions in the state’s highest court - the Supreme Court’s Court of Appeal. Their applications were assessed by Justice Debra Mullins, Justice John Bond, and Justice Mark Livesey - who released their joint reasons on Tuesday.

“The appellants contended that the verdicts … should be set aside because the Crown failed to prove that they had the state of knowledge, intention, or belief which was necessary to render them criminally responsible for the offences … [and that] the Crown paid inadequate attention to this requirement at trial,” the Court of Appeal decision said.

The appeals of Thrupp, Daniels, and Taiao succeeded for the same reason, with lawyers for the trio successfully arguing a miscarriage of justice occurred because the Crown’s particulars were deficient.

“Walker, like Daniels and Taiao, was not present at the time the toolbox containing Breton and Triscaru was placed in the water at Scrubby Creek,” the Court of Appeal decision said.

“The evidence reveals that Walker was present at the Tav on two occasions … But the evidence does not reveal that he was party to the torture or the cleaning activities.

“On the second occasion, he was in the garage and had a much-reduced ability to see what was going on.

“He was much further removed from the action than the other appellants.

“It seems to us that it was not open to the jury to conclude that that possibility was excluded beyond reasonable doubt.

“It would then follow that we find that it was not open to the jury to conclude that his guilt of manslaughter was proved beyond reasonable doubt.”

Thrupp, Daniels, and Taiao’s appeals against the associated torture charges were unsuccessful, so those convictions stand. But the trio get retrials on their murder charges.

Walker’s double manslaughter convictions have been set aside and he is acquitted. There will be no retrial on the manslaughter charges.

But Walker, a New Zealand national, may still face deportation. It is understood the Department of Home Affairs is aware of the Court of Appeal’s decision and is considering its options regarding his immigration status.

In total, nine people were charged over the toolbox deaths, with four men - Thrupp, Daniels, Taiao, and Tahiata - found guilty of murder and sentenced to life behind bars.

Further toolbox co-accused Tuhirangi-Thomas Tahiata had his appeal against his double murder conviction dismissed by the state’s highest court in April.

Originally published as Murder convictions of three men jailed over toolbox murder overturned on appeal