New twist in trial of man linked to Wieambilla massacre
Lawyers for a US man arrested in connection with the Wieambilla massacre have made a bid to stop Queensland police officers testifying in his trial. See why.
Police & Courts
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Australian police officers could be barred from giving evidence at the trial of an American man arrested in connection with the Wieambilla massacre after his lawyers argued their “emotionally charged testimony” could unfairly prejudice the case.
Arizona man Donald Day, 60, is due to face a seven-day trial next month on charges including firearms violations and making interstate threats.
It’s alleged Day had been communicating with Queensland conspiracy theorists Gareth, Nathaniel and Stacey Train who murdered two police officers and a civilian and attempted to kill others at their property west of Brisbane in 2022.
The Trains later died in a shootout with police who came to rescue their colleagues, including a female officer who was hunted by the killers during the terrifying ordeal.
After killing constables Rachel McCrow and Matthew Arnold and neighbour Alan Dare, the Trains posted a video online saying “they came to kill us, and we killed them. If you don’t defend yourself against these devils and demons, you’re a coward”.
Police allege Day, who had previously communicated with the Trains online, posted a video in response saying “the devils come for us, they f***ing die. It’s just that simple. We are free people, we are owned by no one”.
The United States government in its case against Day will allege that statement constituted a threat against any law enforcement official who attended his residence.
Eight Queensland police officers had provided statements to US prosecutors and were prepared to give evidence during the trial next month.
But lawyers for Day have now urged the court to restrict the evidence put before the jury about the Trains and their deadly attack, arguing the events took place “half a world away”.
“Evidence about a shootout with police in which police officers were killed — events that Mr Day was not involved with — is highly inflammatory, overly prejudicial, and of little to no relevance to these proceedings,” his lawyers argued.
“Without strict limits, Mr Day will not receive a fair trial.
“The Trains are responsible for the deaths of three people. Mr Day is not.”
Day has requested a maximum of one officer be allowed to be called to give evidence about Wieambilla, and that their evidence be limited to a set of facts agreed to by the parties.
His lawyers say if that restriction is not agreed to, they will be required to present their own evidence about the Trains, including calling witnesses from Australia to give evidence about their beliefs and mental health.
“In short, Mr Day will be forced to undertake a defence of the Trains to defend his own case,” his lawyers said.
“Mr Day’s trial should be about his actions, not the actions of people he never met who lived 8000 miles away.”
Days’ lawyers conceded that some evidence about the Wieambilla attack was necessary to help prosecutors make their case and explain how he came to the attention of the FBI, including details of the Trains’ final video before their last stand with police which they ended with the words “see you at home, Don. Love you”.
“However, testimony by multiple Australian law enforcement agents — which the government has informed the defence that it intends to present — about an incident Mr Day was not involved in, did not have advance notice of, and is not accused of inciting, assisting, or conspiring to commit — will simply distract, inflame, and prejudice the jury and risks turning the trial into a referendum on the Trains instead of a trial about whether Mr Day’s YouTube video on December 16, 2022, constitutes an interstate threat,” lawyers argued.
“Mr Day did not know the Trains. He had never met them in person. He had, however, interacted with them online — exchanging videos and comments about their lives and other topics.”
Lawyers have asked their application to exclude the testimony be heard urgently. A date is yet to be set.
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