Why alleged passenger Kari O’Brien is facing murder charge over death of police officer Dave Masters

This is why Kari O’Brien has been charged with the murder of police officer David Masters even though she was not driving the car that struck and killed him.

Police will rely on a seldom used section of the law to allege Kari O’Brien is responsible for the murder of police officer Senior Constable David Masters, despite being the passenger in the car that struck him.

The alleged driver, Skye Wallis, 33, handed herself in to police shortly before midnight following days of public appeals over her whereabouts.

Police will allege Wallis, in the early hours of Saturday morning, deliberately swerved at Sen Const Masters as he threw road spikes onto the Bruce Highway at Burpengary in an attempt to stop a stolen car.

Kari O’Brien has been charged with the murder of police officer David Masters, with police alleging she was a passenger in the vehicle that struck and killed the senior constable.

The car - a hire vehicle that had been reported stolen - was found burnt out on Quarry Rd at Moodlu later that day. Soon after, police found and arrested O’Brien, 24, at an Upper Caboolture property.

She was charged with murder, arson and unlawful use of a motor vehicle.

Wallis walked into Caboolture police station last night accompanied by her lawyer. She has been charged with murder, arson and unlawful use of a motor vehicle and her matter was heard briefly in the Caboolture Magistrates Court this morning.

High-profile criminal lawyer and former Queensland Law Society president Bill Potts said a person can be charged with murder even if they didn’t physically carry out the act themselves.

Instead, police can use a section of the criminal code that determines whether someone is a “party to” an offence.

Skye Anne Wallis has been charged with the murder of senior constable David Masters.

Chapter two of the Criminal Code says someone is a “principal” offender if they help, encourage or procure someone to carry out the crime.

“Criminal law says people can be charged with an offence if they are the person who did it, or if they are someone who aids, assists, enables or procures someone to commit an offence,” he said, speaking generally.

“And that includes encouraging someone, urging them on, counselling them or telling them to do it.”

He said someone can be guilty of murder if they intend to kill someone, or if someone is killed while the offender is carrying out a crime where it was foreseeable someone could die or be seriously injured.

This was the case in the murder of police officer Damian Leeding, who was shot after responding to an armed robbery at the Pacific Pines Tavern on the Gold Coast in May, 2011.

Phillip Graeme Abell shot Detective Senior Constable Leeding but both he and his accomplice, Donna McAvoy were convicted of murder. McAvoy was not holding the gun and did not pull the trigger but a jury agreed that she was responsible for the police officer’s death.

Senior constable David Masters.

Police have also used that section of the Criminal Code to charge 13 people with the murder of 19-year-old Girum Mekonnen last September.

Police have alleged a group of men travelled to a park at Zillmere with baseball bats, machetes and knives in an act of retaliation, resulting in the stabbing death of Mr Mekonnen.

All 13 have been charged with murder, despite not all having inflicted the fatal wounds.

Mr Potts said charging someone with murder when they were not holding the weapon was “rare” but had certainly resulted in successful prosecutions.

“Even though there may not be an agreement (to commit the crime), if they act together to effect an unlawful purpose, even though it may not be contemplated that it will cause someone’s death, if death or serious injury were foreseeable - you are responsible,” he said.