Broadby sent to prison for nine years for manslaughter as murder trial in Cairns Supreme Court concludes

There were gasps and tears from family in a Cairns court as jurors found Kyam Broadby not guilty of murder but instead guilty of manslaughter. Read the reaction of family.

There were audible gasps in a Cairns court when the jury found Kyam Keith Broadby guilty of manslaughter in the Cairns Supreme Court on Friday morning.

Show worker Nathaniel Wailu was seriously assaulted on July 10, 2019, and died six days later in hospital. Tasmanian man Kyam Broadby pleaded not guilty to the murder on the first day of the trial.

Warning: this story includes a photo of an Indigenous man who has died

Members of Wailu’s family have attended court continuously throughout the proceedings, filling the public gallery in the early stages.

Jurors filed back into court shortly after 11am and their speaker announced their verdict. They found him not guilty of murder.

The victim’s sister Nina read a victim impact statement to the court as family members wept.

He was described as a loving son, nephew, brother and uncle.

“You broke a link in our family chain that is irreplaceable,” his sister said.

Nathaniel Wailu's family gather outside the Cairns Courthouse after the verdict was announced. His sister Kay speaks to media. Picture: Andrew McKenna

Broadby sat quietly with his hands clasped together while it was read.

Prosecutor Nathan Crane presented Broadby’s criminal history to Justice Susan Brown. He said it included a variety of different types of offending, primarily property and domestic violence.

Serious Violent Offence

Mr Crane submitted a sentence of imprisonment in excess of 10 years, and that any term below that should have a Serious Violence Offence (SVO) declaration imposed.

“He continues to pose a danger to the safety of others. He is someone who the community needs to be protected from,” he told the court.

“He has a willingness to return or to seek violence in those circumstances.”

At one point Broadby spoke up from the dock, denying he had a history of violent offending.

Counsel Martin Longhurst submitted a sentence for his client of nine to 10 years with an SVO.

“Clearly his evidence has been rejected as a whole by the jury,” he said.

Before pronouncing sentence Justice Susan Brown praised Mr Wailu’s family members.

“The family has acted throughout this trial with great dignity, including today,” she said

She said what had started as a fun evening to celebrate a birthday had ended in tragedy. She reiterated the facts of the case, said Broadby was angry and had made a death threat to the victim.

Teaching “Mr Wailu a lesson”

He was angry from what had gone on and sought to “teach Mr Wailu a lesson”, she said.

“The attack was quick and forceful.”

She said Mr Wailu’s behaviour contributed to the events, but “of course Mr Wailu did run, and you didn’t hold back”.

Nathaniel Wailu, “loved by everybody”. Picture: Facebook

She said Broadby had expressed some remorse, and she was not convinced he had no insight into his offending, which the prosecution had submitted.

She sentenced Broadby to nine years’ imprisonment and declared a Serious Violent Offence.

Outside the court Nathaniel’s sister Kay said: “Justice has been given to them but not to us because of our loss.

“It has been a really sad loss for us. There is a link that has been broken in our family.

“He was loved by everybody.”

Originally published as Broadby sent to prison for nine years for manslaughter as murder trial in Cairns Supreme Court concludes