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Desmond Avery, 26, faces court accused of fatal Kingscliff home invasion which left alleged accomplice Trae Laurie dead

A man who allegedly committed a violent home raid at Kingscliff – which police say left an accomplice dead after he was stabbed – is accused of swinging an axe at the resident, partially severing his arm. Read the latest.

Fatal home invasion co-accused nabbed by police

Note: Aboriginal and Torres Strait Islander readers are advised the following report contains images of deceased persons.

A NSW man who allegedly committed a home invasion – which police say left an accomplice dead after he was stabbed in the chest – is accused of swinging an axe at the resident, partially severing his arm.

Desmond Avery, 26, faced Tweed Heads Local Court on Thursday charged with special aggravated break and enter and commit serious indictable offence (wounding).

Desmond Avery, 26. Picture: Facebook.
Desmond Avery, 26. Picture: Facebook.

Trae Laurie, 29, was stabbed in the chest and died after he and Avery allegedly stormed 66-year-old granddad Allan Kerr’s Oxford St, Kingscliff home armed with an axe on Tuesday night.

Laurie, of Tabulam in northern NSW had an extensive criminal history and served jail-time for offences including armed robbery, sexual assault and stalking.

Police say they are investigating whether Mr Kerr, who remains in Gold Coast University Hospital after undergoing surgery, acted with reasonable force in defending himself. He has not been charged.

Axe wound victim Allan Kerr.
Axe wound victim Allan Kerr.

Police believe Mr Kerr grabbed a knife to fight off the alleged intruders, however, officers have been probing whether “proportionate” force was used.

South Coogee, Sydney man Avery faced the court over videolink from Tweed Heads Police Station after being denied bail.

Bail was refused at the time of his arrest because he was “too aggressive to converse with”, court documents state.

But Avery told Magistrate Paul MacMahon on Thursday he was “mistreated” by police in custody.

Kingscliff accused home invader allegedly stabbed to death Trae Laurie
Kingscliff accused home invader allegedly stabbed to death Trae Laurie

Documents, including a police objection bail, state Mr Kerr suffered “extremely serious, life-threatening and at minimum life-altering injuries” beyond the gruesome arm injury – including facial fractures, a fractured shoulder and spinal injuries.

Avery “has shown no remorse to the victim” and Mr Kerr was struck “multiple times” with the axe, police allege.

Police state in the objection bail document: “The accused’s fingerprint profile matched those found in blood inside of the victim’s house.”

Police on scene. NCA NewsWire/Scott Powick
Police on scene. NCA NewsWire/Scott Powick

Prosecutors told the court Avery served time in prison for assault. He was also sentenced to intensive correction orders for assault and using a carriage service to threaten to kill.

Avery, who sported a thick black beard, argued with Magistrate Paul MacMahon.

He begged for his matter be adjourned to Monday because he had “not had any time to secure legal representation”.

Police prosecutors sought an immediate forensics examination, requesting swabs and fingernail clippings from Avery to compare to evidence found at the crime scene near the Queensland-NSW border.

Police searching a hedge on Oxford St. Picture: Charlton Hart
Police searching a hedge on Oxford St. Picture: Charlton Hart

Mr Avery proceeded to talk over Mr MacMahon, who ordered him to be quiet.

“Do not talk over me again,” he warned.

When told he would undergo examination on Friday, Avery shouted: “They’ve (police) have already searched me. They’ve already seen me naked.”

Mr MacMahon adjourned to Monday for Avery to get legal representation. He will be able to apply for bail on the day.

Desmond Avery. Picture: Facebook.
Desmond Avery. Picture: Facebook.

Police arrested Avery at a Kingscliff home at 5.30pm on Wednesday. Footage showed a shirtless Avery being taken to a paddy wagon before cutting to his arrival at the station.

Meanwhile, an explosive war of words has erupted between family and friends of Laurie and social media users on Laurie’s Facebook page.

Commenters pointed to Mr Laurie’s lengthy rap sheet and said he got what he deserved, but supporters accused them of being insensitive and racist.

Police arresting Avery. Picture: NSW Police
Police arresting Avery. Picture: NSW Police

“Wow, a mother has just lost her youngest son and she has to see these putrid comments … such disrespectful f--ing c--ts,” one supporter posted.

Another wrote the comments were “so sad”.

“Trae may have made some bad decisions in his time but to come on his profile and call him names, and especially when he cannot defend himself, is low,” she said.

“These people commenting probably don’t even know him and are going off a one-sided story. Compassion is obviously something not everyone has and it shows.”

However, one commenter hit back, saying: “He attacked a frail elderly person with an axe!!! “Invaded his home!!! Are you for real??? FFS, the elderly person needs a medal after his arm was almost severed.”

Another person said Mr Laurie’s supporters should not “pull the race card”.

“A scumbag is a scumbag regardless of skin colour,” one wrote.

Police search the property. Picture: Charlton Hart
Police search the property. Picture: Charlton Hart

Earlier, Tweed-Byron police Detective Inspector Matt Zimmer said officers were called to the Housing Commission home about 8pm and found Laurie lying on the veranda with a “face covering” and a stab wound to the chest.

Det. Insp Zimmer said: “Police attempted to revive that person however he died at the scene.”

Police investigations under Strike Force Chams continue.

Know more? Phone Crime Stoppers on 1800 333 000.

Original URL: https://www.dailytelegraph.com.au/truecrimeaustralia/police-courts-nsw/desmond-avery-26-arrested-in-relation-to-fatal-kingscliff-home-invasion/news-story/a3d407531e6c700918a2687d277fae9d