Kyam Broadby’s murder trial winds up as defence and prosecution make final submissions

Murder-accused Kyam Broadby’s shoes were “filthy trainers” and “would have absorbed more blood than a chux”, but were clean after an alleged assault, a trial has heard.

Murder-accused Kyam Broadby’s shoes were “filthy trainers” and “would have absorbed more blood than a chux”, but were clean after an alleged assault, a trial has heard.

Defence counsel Martin Longhurst told the court that no blood or DNA was found on Mr Broadby’s shoes or on the lower part of his trousers.

“He wears his shoes into the cop shop. Is that the act of someone consistent with guilt, you ask for the shoes back and wear them into the police station?” he said.

At the beginning of the trial in the Cairns Supreme Court last week Mr Broadby pleaded not guilty to the July 2019 murder of Nathaniel Wailu at the Mareeba Showgrounds.

“Where does the evidence come from that (Mr Broadby) did anything other than punch Mr Wailu like he said he did?” Mr Longhurst said.

“It comes from Nadia Gallo, his ex-girlfriend who finds out he’s been cheating on her.”

He said Ms Gallo lied when she testified Mr Broadby told her he had jumped on Mr Wailu’s throat, kicked him and hit him in the head.

Tasmanian man Kyam Keith Broadby has been standing trial for murder in Cairns Supreme Court over the past week. On Tuesday his defence counsel Martin Longhurst told the court there was a lack of blood and DNA evidence on Mr Broadby’s shoes and trousers, and that the court was letting another alleged assailant “get away with murder”. Picture: Facebook

Ten minutes after the alleged assault a police officer saw Mr Broadby and he was not covered in blood, Mr Longhurst said.

“You wouldn’t rely on that story from a mate at the pub,” he told the court.

“It was a fish that got bigger.”

Witness Barry Darlow was in the caravan a few metres from where the alleged assault took place, and he corroborated Mr Broadby’s evidence, Mr Longhurst said.

He told the court what was inconsistent with the prosecution’s case was that the assailants in the alleged assault were working together “with some Machiavellian plan”.

‘Getting away with murder’

Mr Longhurst blamed the alleged murder on another assailant on the night, Riley Davis, claiming the court was “letting Riley Davis get away with murder”.

Justice Susan Brown directed the jury not to speculate on “charges – if any – against Mr Davis. The matter is pure speculation, you are not to focus on it,” she told jurors.

Prosecutor Nathan Crane told the court that Nadia Gallo was no more or less compelling a witness than any other in the trial.

Nathaniel Wailu died in hospital six days after the alleged assault at Mareeba Showgrounds on July 10, 2019. Picture: Facebook

“There’s a perception from the carnival workers that this was all Mr Wailu’s fault,” he told the court.

He had not hit anyone with the hammer, no matter how many people say he swung it around, and he did not damage Mr Broadby’s car, despite threatening to do so, Mr Crane told the jury.

“He dropped the star picket and ran. Something must have made him run. The way Mr Broadby was yelling at him. His perception was that he needed to get out of there.”

While the alleged assailants may not have been acting together in the sense Mr Longhurst suggested, they were acting together and the group was focusing on Mr Wailu, Mr Crane told the court.

“They run together, they take torches and look for him together,” he said.

“Mr Wailu jumped up and ran, and was scared, he wasn’t going to be caught. He kept running into the darkness.”

The trial before Justice Susan Brown will continue on Wednesday.

Originally published as Kyam Broadby’s murder trial winds up as defence and prosecution make final submissions