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Teen accused of killing beloved uncle taken down in dramatic citizen’s arrest

The devastated family of an elderly man killed in a horror crash have visited the scene – just 300m from his home – after a teen allegedly hit him while driving unlicensed and under the influence.

Allan Smillie's nieces Melissa Griffin and Kristy Marshall with husband Chris Griffin outside his home in Kingston. Picture: Liam Kidston
Allan Smillie's nieces Melissa Griffin and Kristy Marshall with husband Chris Griffin outside his home in Kingston. Picture: Liam Kidston

An elderly man killed in a horror crash in Logan on Saturday was on his way home from the supermarket and was just 300m from his front door when he was hit.

Allan Smillie’s niece, Melissa Griffin, her husband Chris Griffin and sister Kristy Marshall were overcome with emotion as they visited the scene of the crash on Monday morning.

Mr Smillie, who was affectionately known as ‘Uncle Al’, was killed when a vehicle driven by a 17-year-old allegedly went through a stop sign, left the road and crashed into his mobility scooter on Anthony St, Kingston.

The teen allegedly at the wheel of the car that hit Mr Smillie, has been charged with dangerous operation of a vehicle causing death whilst adversely affected by an intoxicating substance and leave the scene without obtaining help.

Mrs Griffin said she was at work when her nephew called, saying Uncle Al had been killed.

“We’re still in shock … he went to get his groceries (at Logan Central Plaza),” she said.

“(My brother and nephew) heard the commotion down the road … as soon as they saw the (mobility) scooter they realised it was Al.”

Allan Smillie's nieces Melissa Griffin and Kristy Marshall with husband Chris Griffin. Picture: Liam Kidston
Allan Smillie's nieces Melissa Griffin and Kristy Marshall with husband Chris Griffin. Picture: Liam Kidston

Mr Griffin said every Sunday Mr Smillie would make the 2km journey to the shopping centre to pick up groceries and medication.

“It was his Saturday routine … he nearly made it home,” he said.

Mrs Griffin said her beloved uncle was “cheeky” but had a “kind heart”.

“We grew up in that house down the road …(Uncle Al) moved in with us when I was a teenager,” she said.

“He treated us like his own, we were his kids.

“He was just always there when we needed him … he was part of us”

Mrs Griffin said her uncle was confined to a mobility scooter after a hip replacement.

Mr Griffin thanked the community for their support including the Kingston resident who made a citizen’s arrest.

The scene at Kingston where Allan Smillie was allegedly hit and killed. Picture: John Gass
The scene at Kingston where Allan Smillie was allegedly hit and killed. Picture: John Gass

“The whole street knows Allan, uncle Allan … the family has been there for over 47 years.”

“He was the sort of guy – that if you knew him or if it was a neighbour or someone needed 20 bucks and he had 20 bucks in his pocket he would hand it over.”

Mr Griffith said he was told the occupant of the Holden Barina had just heart surgery and was on his way home from hospital.

“It’s surreal … it would be OK if he was sick or had had a heart attack but to pass away in these circumstances, it’s horrendous.”

Kingston resident Andrew Adams said he was forced to get X-rays on his shoulder on Monday after he tore his shoulder during a citizen’s arrest.

Allan Smillie, 76, was killed following a vehicle and mobility scooter crash south of Brisbane. Photo: Supplied.
Allan Smillie, 76, was killed following a vehicle and mobility scooter crash south of Brisbane. Photo: Supplied.

“I heard the (crash) and I obviously bolted out and by the time I got to the wheelie bins (of my next-door neighbour) I noticed a car in the trees,” he said.

“Two dudes came running around the corner about 10m apart from each other … I just stood here, held my ground and then a bunch of other people came around the corner, spotted me and screamed ‘Grab ‘em! Grab ‘em! Grab ‘em!’ … just instinctively I grabbed one with one arm and the other one tried to slip through the fence here … I grabbed him as well.’

“He was dragging me while I had a death grip on the other guy.”

Mr Adams said a neighbour “finished the (17-year-old) off the ground and held him until the police arrived”.

“After that I went around the corner and saw the worst of it all … it was horrible,” he said.

“I’ve never seen a human like that before.

“Al still had part of his scooter on his throat, on his face.”

Asked whether he knew Al well, Mr Adams said: “I knew his family very well, we’ve known them for 40 years but Al, only as much as him on his moped scooter coming past with his big straw hat and dark glasses and his husky voice”.

“He was just going to the shop … he had no chance.”

Police on the scene of the crash. Picture: John Gass
Police on the scene of the crash. Picture: John Gass

The 17-year-old accused appeared in Beenleigh Children’s Court on Monday.

He was represented by a duty lawyer, but the court heard that the defendant had been hunting for legal aid.

No bail application was made.

The court heard that there will be photographs of bruises for the purpose of evidence and a DNA test that involved a swab and hair samples.

The boy wept as he entered the dock.

He attempted to communicate with his parents, who were supporting him in court through lip-reading, nodding and facial expression.

Magistrate Eoin Mac Giolla Ri ordered a brief of evidence to be ready by the end of March and a non-intimate forensic procedure to be done.

“A legal aid application has been taken, and you can talk to your lawyers about the different options available to you,” he said.

Allan Smillie, 76. Photo: Supplied.
Allan Smillie, 76. Photo: Supplied.

The court heard that the defendant will be transferred to Brisbane Youth Detention Centre while remanded in custody.

The boy also faced two counts of unlicensed driving.

Court records alleged he had never held a driver’s licence.

He is also accused of stealing number plates at Crestmead and a burglary in Greenbank on Thursday.

He was charged with one count each of unlawful use of motor vehicles, entering a dwelling to commit, offence in relation to unauthorised and prohibited explosives, offence to buy or possess s4 or s8 medicines, possessing utensils or pipes etc that had been used, three counts of possessing dangerous drugs and four counts of receiving tainted property.

Court documents state the boy was a repeat unlicensed driver and had never held a licence.

He also allegedly fled the scene after it was reasonable to know Mr Smillie had been killed without obtaining medical help for him.

He was also charged with burglary in relation to another unlicensed ride in Greenbank on Thursday.

He allegedly stole medals and passports in the dwelling, with police finding tainted properties including a Medicare card, a bank card, a driver’s licence and a gold watch at the crash site and his residence.

He also allegedly possessed benzodiazepine, cannabis, buprenorphine and a glass water pipe.

His matter was adjourned to March for mention with his appearance excused.

Original URL: https://www.couriermail.com.au/truecrimeaustralia/police-courts-qld/teen-accused-of-killing-beloved-uncle-taken-down-in-dramatic-citizens-arrest/news-story/90c343231ae0442b772dfe3130314a63