Court hears excerpts from triple-O calls made by Jayden Moorea on night Breeana Robinson fell to her death
A court has heard excerpts from triple-0 calls made by murder accused Jayden Moorea on the night Gold Coast cheerleader Breeana Robinson fell to her death.
Crime and Court
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THE police officer who spoke to a cruise ship singer the night he allegedly murdered his Gold Coast cheerleader girlfriend did not take notes of the conversation, a court was told.
Jayden Moorea, formerly Dan Shearin, is accused of throwing girlfriend Breeana Robinson off a Southport balcony in January 2013. He denies the charge.
Defence barrister Angus Edwards, instructed by Hannay Lawyers, told the court he wanted to speak to the officer about what Moorea said the night of Ms Robinson’s death.
“There are no notebooks as to what defendant first said to police when he arrived?,” Magistrate Mark Howden asked.
“Not in the brief, no,” Mr Edwards said.
Mr Edwards said he wanted to cross-examine the officer about what Moorea told him that night.
Police prosecutor Gavin Reece opposed the questioning, saying the evidence would be hearsay.
Moorea’s legal team also asked to cross-examine undercover police officers who recorded a conversation with Moorea.
Mr Edwards also asked to question Moorea’s former boss about a phone call she had with Moorea the night of Ms Robinson’s death.
The court was told there are different versions of Moorea’s demeanour the night of the fall.
Mr Edwards read excerpts of his calls with Triple 0, saying Moorea was heard crying.
He said Moorea was heard saying: “I need an ambulance, please, my girlfriend has just climbed over the balcony... I went into bedroom and saw her climb over the balcony... she had threatened to do this before.”
Mr Edwards said Moorea could also be heard asking others for help to get onto the awning where Ms Robinson was.
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The court was also told neighbours heard Moorea and Ms Robinson arguing the night she fell to her death.
But some witnesses had changed their stories about what they heard in the years since Gold Coast Titans cheerleader Breeana Robinson’s death, the court was told.
Mr Edwards told the court two witnesses said during a television interview they heard Moorea and Ms Robinson arguing right up to when she screamed as she fell.
“That is different to what was said in the police statement,” he said.
In the police interview, the witnesses told police the argument stopped some time before the scream, the court was told.
Mr Edwards said he wanted to cross-examine the witnesses to find out why their answers had changed.
Magistrate Mark Howden said it was a “circumstantial case”.
“As I understand the case, the observations of these witnesses as to how the victim fell were a significant part, is significant information... there is some inconsistency in some observations,” he said.
“Both the prosecution and defence will be served to have observations of these witnesses clarified with as much precision as it can be, bearing in mind the time that has now passed,” he said.
Mr Howden granted Mr Edwards permission to cross-examine more than 20 witnesses, including residents of the Southport tower and undercover police officers.
Earlier Mr Edwards told the court there were only two possibilities about what happened that night.
“One is that Ms Robinson threw herself of jumped or committed suicide and the other is my client threw her,” he said.
“There is no one else in the apartment, there is no alternative.”
Mr Edwards also told the court the key biomechanical expert whose report led to Moorea being charged would also never give evidence.
He said since writing his report Dr John Olsen had been diagnosed with a serious medical condition which meant he would never be in a position to give evidence.
Dr Olsen produced a report for the coroner which determined it was highly probable Ms Robinson was thrown off the balcony, the court was told.
Mr Edwards said it was that report which lead to Moorea being charged.
“His opinion, biomechanically speaking, was that my client threw the deceased off the balcony rather than she jumped or she fell,” he said.
The court was told a second biomechanical expert had also provided a report.
Mr Edwards said where the position Ms Robinson was found and how she fell was “pivotal”.
“Two people saw her falling face up, one person saw her falling like a pencil,” he said.
The court was told some witnesses said she was found face up and others said she was found face down.
Mr Edwards also said the Crown was going to provide evidence that Ms Robinson was not depressed but a “bubbly” person.
Mr Edwards is seeking to cross-examine 16 cheerleaders about Ms Robinson’s mood the day before the fatal fall.
“They see her at training but don’t really talk to her,” he said.
“A lot say she was happy and bubbly but they say she was quiet and keeps to herself.”
Magistrate Mark Howden earlier in the directions hearing in the Southport Magistrates Court said it was difficult for anyone to know what was going on and referred to recent death of Ashleigh Petrie, the fiancé of Victorian Magistrate Rodney Higgins.
“It may be she was happy to be at cheerleading training because that is where she enjoyed being,” Mr Howden said.
Police prosecutor Gavin Reece said the cheerleaders all said Ms Robinson was “happy and bubbly”.
“She kept talking about her and the defendant were going on a cruise later in the year,” he said.
“Yes, she probably was quiet and not really talkative but she still engaged well and did the dancing and cheerleading.”
Magistrate Mark Howden granted Mr Edwards the right to cross-examine the cheerleaders.
The directions hearing continues.