Split second could determine outcome in Emma Lovell murder trial

A trial against one of two youths accused of murdering Emma Lovell during a frenzied fight outside her North Lakes home on Boxing Day 2022 rests on a fleeting moment captured on CCTV.

Emma Lovell, pictured with husband Lee Lovell and their children on Christmas Day at the Sunshine Coast. Source: Facebook.

A second in time is all that separates a teen fighting a charge of Emma Lovell’s murder from years in jail, a Brisbane court has heard.

A trial against one of two youths accused of murdering Emma during a frenzied fight outside her North Lakes home on Boxing Day 2022 rests on a fleeting moment captured on CCTV.

The footage, presented in Brisbane Supreme Court, reveals two youths sneaking into Emma Lovell’s home in the darkness when the juvenile currently on trial turns his head momentarily as his convicted accomplice follows behind with knife in hand.

The question crucial to the teen’s fate; whether when he turned his head he saw the knife in his friend’s hand.

Emma Lovell, pictured with husband Lee Lovell. Source: Facebook.

The court heard that the now-18-year-old was an alleged accomplice to the primary offender who has already been sentenced to 14 years’ jail for Emma’s murder.

The accused youth’s legal team has argued he was not guilty of her murder because he did not know the other boy had a knife.

He has pleaded not guilty to four charges: murder, break and enter while armed and in company, unlawful wounding, and unlawful assault.

Crown prosecutor David Nardone said on Tuesday that as the youths stepped into the Lovell’s home through the front doorway, the defendant could be seen in footage, captured by the Lovell’s porch camera, turning around and looking directly at the knife in the already-convicted primary offender’s hand.

“I emphasise that a light emanating from the accused’s phone at that second that knife is placed at the face, suggesting that the purpose was to aid in seeing the knife,” he said.

“The knife being presented centimetres from the accused’s face – the accused’s head turning at precisely the same time and the light emanating from the accused’s phone.

“That all adds support to the submission that the accused, at least at that point in time, was aware that his co-offender was bringing a knife with him in execution of their common purpose.”

However, defence barrister Laura Reece – acting for the accused youth – argued that her client only turned partly around in that crucial moment, but not enough to be sure that he definitely saw the knife in the primary offender’s hand as they entered the Lovell’s home.

“In my submission, at this point, when the knife is at least in some proximity to my client’s head, he has his phone in his right hand and the screen is dark,” she said.

“The left side of my client’s face is visible and in my submission, what your honour sees is his ear and not his nose that is visible.

Police at the scene where Emma Lovell was allegedly stabbed to death. Pic: Lyndon Mechielsen

“He is facing essentially directly towards that left hand wall at that point, perhaps looking down at his mobile phone as he brings it up towards his face. His legs are facing forward and until he moves away, he does not change the direction of his legs.

“I say that your honour cannot discern that he turned his face towards the knife at any point.

“That really reads too much into that very brief period of time where your honour could not be satisfied beyond reasonable doubt that [my client] actually saw that knife.”

Ms Reece also emphasised that the Lovell’s security camera recorded in infra-red, and even though the dark knife could be seen on the footage, it did not truly represent what the human eye could see in the darkness on that fateful night.

Earlier on Tuesday, the court heard the moment police dog squad officers found the accused and the primary offender early on the morning of December 27.

Senior Constable Matthew Grace testified that his dog indicated positively multiple times on a house nearby to the Lovell’s home. That property was used as a government-funded care home for at-risk youths at the time.

“A person, who I now know as the defendant, was in the rear bedroom in a double bed with another male. One male came out [of the bed] quicker than the other, and the other one I believe pretended to be asleep,” Senior Constable Grace said.

The trial was set to run for five days, but final legal arguments will be made on Wednesday. It is expected Justice Michael Copley will adjourn the case and deliver a verdict at a later date.