Keith Kerinauia found guilty of Declan Laverty’s murder
After less than five hours of deliberations, the 12-person Supreme Court jury has revealed their verdict in the Declan Laverty murder trial. LATEST FROM THE TRIAL.
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Latest, June 20: A fifty second encounter will determine the rest of Keith Kerinauia’s life, with the now 20-year-old killer facing a life sentence for the murder of Declan Laverty.
After less than five hours of deliberations, the 12-person Supreme Court jury found on Thursday the then 19-year-old was not acting in self defence when he stabbed the BWS Airport Tavern bottle shop worker on Sunday March 19, 2023.
Their decision brings to an end eight days of evidence, in which defence barrister Jon Tippett maintained Kerinauia was acting in self defence as the other man pulled out his own knife during the bottle shop skirmish.
CCTV footage from the incident showed Kerinauia running into the store with a 25cm fishing knife after being denied service due to his lack of shoes.
Witnesses said he yelled “how about I stab you, you white c--t?” seconds before returning to the store.
Kerinauia claimed he only wanted to scare Mr Laverty, telling the jury he was considering leaving the store after a friend yelled “stop”.
CCTV showed Mr Laverty then engaged with Kerinauia while holding his own 8cm folding knife, which he was not authorised to carry.
However, the 12-person jury found Kerinauia was not acting in self defence, and had intent to cause serious harm when he stabbed the bottle shop worker in the heart.
Kerinauia was completely still, his eyes downcast, as his verdict was handed down.
But an explosion of emotion erupted in the courtroom as Kerinauia’s family realised the young man will spend the next 20 years in prison, due to mandatory sentencing laws.
His mother gasped, while others started to wail and weep in the gallery.
“It’s not fair,” a woman cried out.
“You can’t do that.”
One of his male relatives stormed out – unable to face the sterile courtroom environment that had condemned his Darwin relative – yelling “f--k”.
Samara Laverty, the mother of Mr Laverty, hugged her sister-in-law and daughter in relief.
Justice Graham Hiley told the jury “you have now done your job... you should not have any second thoughts about your decision”.
“You will never be in a better position, to make the correct decision, than you have been over the past couple of days,” Justice Hiley said.
Kerinauia will return to the Supreme Court of Darwin next Friday for sentencing, where he will be given a life sentence with a mandatory 20 years non-parole.
He will be 39 years old when he is eligible for release.
As his family waved him goodbye they called out “we love you Mickey”.
Further chaos erupted in the foyer after members of Kerinauia’s family were rendered unable to open the doors, due to an unrelated prisoner transfer occurring outside.
A dozen emotional family members banged on the doors calling for them to “open up”.
Kerinauia’s family yelled out that it was a “racist” decision.
“We’re mourning too,” one woman called out.
A ute sped off from the court, knocking down traffic control cones as some members of his family drove over the lawns outside parliament and the Supreme Court.
Outside the court Mr Tippett said while he was disappointed he respected the jury’s decision.
“It’s an awful tragedy of these two young men,” he said.
“We believe the jury system gave us a good hearing, we believe it was the wrong result but nevertheless that’s the result the jury arrived at.
He did not rule out a potential appeal, saying “it will be determined over time, we need to sit down and read things”.
Mr Tippett called out the mandatory sentencing provisions that now apply to his client.
“Mandatory sentencing never works with people,” he said.
“It doesn’t work for the community and it’s certainly not going to work in this case in terms of proper justice.”
Keith Kerinauia: Judge reminds jury to put aside ‘sensational publicity’ in Laverty murder trial
June 19: A jury has been asked to look through the eyes of an alleged killer, retracing a young man’s steps, thoughts and fears as he stabbed a shop worker through the heart.
Just before the 12-person Darwin jury left for their deliberations on Wednesday morning, Supreme Court Justice Graham Hiley advised them: “you have to look at this case through Mr (Keith) Kerinauia’s eyes”.
Mr Kerinauia, 20, is accused of murdering BWS Airport Tavern worker Declan Laverty minutes before his shift ended on the evening of Sunday March 19, 2023.
Mr Kerinauia has maintained he is not guilty as he was acting in self defence.
The jury will consider the charge of murder, or an alternative verdict of manslaughter if they found the then 19-year-old was “reckless or negligent” to the risk of causing Mr Laverty’s death.
The worksite tragedy has been the subject of intense media coverage, however Justice Hiley told the 12 Territorians to “put emotions aside … to make a rational decision”.
“Yes, there’s been sensational publicity and you should put that obviously aside,” he said.
“This is not to even the scorecard.”
Justice Hiley said the jury should not let the power of “hindsight”, “assertions or speculations” or “emotions” cloud their judgement of the facts, reminding them that the threshold for the crown remained “beyond a reasonable doubt”.
Over eight days the jury has heard in excruciating detail the build up to the fatal knife fight, going through CCTV footage frame-by-frame and hearing from around 20 witnesses, including Mr Kerinauia and Mr Laverty’s mother, Samara.
Mr Kerinauia has never denied that he fatally stabbed Mr Laverty, however he said he was “swinging wildly” after being “lunged at with a blade”.
“The law has long recognised the right to self defence in an attack, or a threatened attack,” Justice Hiley said.
“That right of self defence arises … if he believes it was necessary, and his response was reasonable.
“Right from the get go, Mr Kerinauia has said he was acting in self defence.”
Given the 15 months between the stabbing and the trial, Kerinauia’s intoxication, and the nature of human memory, Mr Hiley reminded the jury that it was not an admission of guilt for the young man not to remember all the facts about that fateful night.
Under cross examination from the prosecutor Marty Aust, Mr Kerinauia said he did not remember telling Mr Laverty: “how about I stab you, you white c--t?”, or telling his friends he wanted to “stab him”.
Justice Hiley highlighted that Mr Kerinauia acknowledged that he was “angry” after being denied service, with his friends telling the jury the then 19-year-old felt the workers had “disrespected” them and were “racists”.
Mr Kerinauia has maintained he only wanted to “scare” Mr Laverty.
Justice Hiley told the jury what was most relevant were the thoughts going through Mr Kerinauia’s mind in the 50 seconds between his threats, when he armed himself, ran into the store, paused briefly and turned before the fight began.
“Was he intending to cause serious harm?,” Mr Hiley asked.
“And 50 seconds later when he stabbed Mr Laverty, did he maintain that intention?
“(Or) did he change his mind and think ‘I won’t proceed with this’?”
Justice Hiley also reminded the jury Mr Kerinauia believed he was being attacked with a box cutter — not Mr Laverty’s unauthorised folding hunting knife.
Justice Hiley said they may also consider Mr Laverty’s final thoughts in the seconds between the “aggressive” customer making threats and the moment the knife plunged into his heart.
“You might consider what choices he had to make in a matter of seconds between Mr Kerinauia coming back in,” he said.
“Was he going to run into the back room... as did his fellow witness... or stand his ground.
“You might think he was terrified in that minute or so.”
The crown has contested Mr Kerinauia was drunk, so Justice Hiley said the jury would have to evaluate his level of intoxication, how that may have impacted his willingness to cause harm, or his perception of the threat Mr Laverty's knife.
“A drunken intention to cause serious harm or death is sufficient,” Justice Hiley said.
The jury will return on Thursday for further deliberations.
‘Young idiots cause tragedies’: Closing arguments in Declan Laverty murder trial
UPDATE, Tuesday, June 19: A 90-second interaction between a drunk teenager and a young bottleshop worker has left two families in mourning, one for the death of their child, the other for a potential life of imprisonment if found guilty.
A jury will be asked to deliberate the thoughts that flashed through the minds of Keith Kerinauia and his alleged murder victim Declan Laverty during a knife fight in the middle of a Darwin bottle-o on Sunday evening, March 19, 2023.
Mr Kerinauia has entered a not guilty plea.
Closing the seven days of evidence in the Keith Kerinauia murder trial, crown prosecutor Marty Aust alleged the “laughing”, “smiling” teen killer enjoyed the “senseless murder” as he stabbed the 20-year-old to the heart.
Mr Aust said after the 19-year-old was denied service at the BWS Airport Tavern, he told Mr Laverty: “how about I stab you, you white c—t?”
He said seconds later the worker was confronted with a “much larger man”, “bounding in” with a 30cm knife.
“This man only wanted one thing — to kill him,” Mr Aust said.
However the jury has heard Mr Kerinauia maintained from the very start that he was acting in self defence, immediately telling friends, relatives and arresting officers that the 20-year-old bottle shop worker “lunged at me with a blade”.
Defence barrister Jon Tippett said the CCTV was the “silent witness” to the entire tragedy, showing his 19-year-old client “attempting to protect himself”.
Mr Tippett said 19-year-old only intended to “scare” the bottle shop worker and “did not intend” to kill or cause serious harm to Mr Laverty.
He said just as the teenager should “never” have retrieved his father’s knife, nor should Mr Laverty have touched the folding hunting blade in his pocket, a controlled weapon not allowed in his workplace.
“Young idiots cause tragedies,” Mr Tippett said.
He suggested the CCTV shows Mr Kerinauia run in, stop and turn as his friend called out “stop it”.
As the 19-year-old’s head was turned, Mr Tippett said Mr Laverty “with a knife in his hand appears to lunge forward”.
Mr Tippett said the CCTV showed Mr Laverty assume a fighting stance, taking off his shirt and wrapping it around his arm before engaging the teenager in a “knife dance”.
He said Mr Laverty was “driving the knife forward” towards the 19-year-old’s chest, forcing Mr Kerinauia backwards before the 19-year-old landed the first fatal blow.
Mr Tippett said CCTV showed Mr Laverty continued to “rush” at the 19-year-old, slicing his face, and chasing the 19-year-old out of the store.
However Mr Aust argued it was not self defence to “callously” plunge the fishing knife 10.5cm into 20-year-old’s chest, piercing his heart, and stabbing him another four times.
The jury heard even as Mr Laverty continued to fight, his time was running out as his blood leaked from his heart into his chest and lung.
“No one knows it at the time, but he’s dead,” Mr Aust said.
Mr Kerinauia told the jury that at the time he believed he was being attacked by a box cutter, which Mr Aust said meant the teenager therefore knew “there was no risk of injury to himself”.
“The law of self defence is not about what Mr Laverty had in his hand, it’s about what Mr Kerinauia believed,” Mr Aust said.
Mr Tippett added that self defence was also “not about who got the most injuries”.
“It’s not the point of who has the biggest knife... who is big and who is small,” he said.
“(Mr Laverty) has an 8cm blade, that knife can kill a man or woman.”
Mr Tippett said ultimately this tragedy came down to the impulsive actions of two “silly, stupid young men”.
“There is no doubt that two young men making a ridiculous choice by restorting to the use of the knives in the context of a stupid dispute caused one young man’s death, and has blighted the life of another,” he said. But Mr Aust disputed the defence caricature of Mr Laverty as a “poorly trained, hot headed, disrespectful, racist who escalated the situation”.
“He was a 20-year-old kid who was placed in a terrifying situation,” Mr Aust said.
The jury heard multiple witnesses describe Mr Kerinauia as “laughing” and “smiling” as he ran from the fatal fight.
“He’s having the time of his life, while ending another person’s life,” Mr Aust said.
“He wanted to do it, he enjoyed doing it, it was a senseless murder.”
Mr Tippett acknowledged the 20-year-old’s death was “an absolute tragedy”, but asked the jury for a simple assessment of the facts.
“I ask that you don’t give him (Mr Kerinauia) sympathy — but you give him a fair trial,” he said.
Supreme Court Justice Graham Hiley will give his address to the jury on Wednesday.
Alongside the murder charge the jury also be able to consider an alternative verdict of manslaughter.
Keith Kerinauia tells Supreme Court that 20-year-old Declan Laverty ‘lunged at me with a blade’
UPDATE, Monday, June 18: A drunk teenager wanting to “scare” a bottle shop worker dealt a fatal first blow after being “lunged at with a blade”, a jury has heard.
On the sixth day of Keith Kerinauia’s Supreme Court murder trial the now-20-year-old man took the stand.
Mr Kerinauia has entered a not guilty plea, maintaining he was acting in self defence when he plunged a fishing knife into the heart of 20-year-old BWS Airport Tavern worker Declan Laverty.
The Darwin-born young man told the jury that he “thought I was going to die” on the evening of Sunday March 19, 2023.
Mr Kerinauia said he was drunk when he drove his cousin Edward Rioli Jr and another boy, who cannot be named, to the bottle shop to pick up more ciders.
Mr Kerinauia said he was “protective” of his cousin “because he’s a bit slow”, and went in to check on Mr Rioli after he took too long to buy the alcohol.
“I got agitated, a bit angry for my cousin because he’s taking a while,” Mr Kerinauia said.
Mr Kerinauia said he went in to tell his cousin to “hurry up”, when he was confronted by the bottle shop worker.
The jury has heard that the 19-year-old was rejected for his missing shoes, but Mr Kerinauia said he didn’t remember the specifics of their argument.
“He told me to come back at 10 when his shift ended,” he said.
The teenager took this to mean that the other man “wanted to fight”.
“I just got angry that moment,” Mr Kerinauia said.
The Darwin boy said he grabbed his father’s fishing knife from the car.
“I just wanted to scare him … he was being rude,” he said.
Under cross examination from the prosecutor Marty Aust, Mr Kerinauia said he did not remember telling Mr Laverty: “how about I stab you, you white c—t?”.
He also did not remember telling his friend he wanted to “stab him”, while the jury has heard the other young man believed this was a threat to “flog him, fight him, punch him”. Mr Kerinauia acknowledged he said: “this guy wants a fight”.
He maintained he did not want to kill Mr Laverty, just scare him by running into the shop with a knife.
Paused CCTV appears to show the 19-year-old’s head was completely turned away when Mr Laverty approached him, apparently armed with his own knife.
“My cousin was calling me to stop and leave it,” Kerinauia said.
“Before that I was going to walk out … before I saw him lunging at me with a blade.
“I panicked.”
Mr Kerinauia said he saw the blade — which he assumed was a box cutter — from over his shoulder.
“I was focusing on the blade, I pushed him back,” he said.
“As I’m pushing him back he takes his shirt off … because he was going to fight me.”
Mr Aust argued that the 19-year-old could have left the store in the seconds it took for Mr Laverty to back up and remove his shirt.
Mr Kerinauia responded: “I was panicked … he could have stabbed me in the back”.
“I was clearly very drunk,” he said.
Mr Kerinauia described the 20-year-old worker as “swinging” at his face and chest and “rushing at me”.
“He swings at me, and I swing at him,” he said.
He admitted he caused the first injury, which Mr Aust said ultimately cost Mr Laverty his life.
“You don’t know this, but he’s dead now … that was unsurvivable,” Mr Aust said.
Mr Aust accused Mr Kerinauia of “aiming” for vulnerable areas, stabbing the 20-year-old three times to the head and twice to the chest.
“I don’t know where I got him. I wasn’t aiming for a particular spot,” Mr Kerinauia said.
“I was swinging wildly trying to defend myself.
“I was trying to get away.
“He was going to kill me.
“I thought I was going to die.”
Mr Kerinauia said from the corner of his eye he saw Mr Laverty attempting to stab his friend, who the jury heard was also armed.
“I turned back in … I was worried for my (friend),” he said.
Mr Kerinauia said he saw Mr Laverty run to the back room, and then they drove off to his aunt’s Alawa home.
“It was a blur,” he said.
“I was trying to process what happened.
“There was blood on my face, there was blood everywhere.”
Mr Kerinauia said he only realised the worker had died “when police arrested me”.
“I didn’t know it was too bad. I didn’t think he was seriously injured,” he said.
Major Crime squad detective Senior Sergeant Justene Dwyer said because Mr Kerinauia believed he was attacked by a box cutter it took six months for Mr Laverty’s knife to be forensically tested.
Jurors return to the BWS Airport Tavern where Declan Laverty was stabbed
FRIDAY, June 14: A young alleged killer has returned to aisles of a Darwin bottle shop where 14 months ago he plunged a knife into the heart of a 20-year-old worker.
Keith Kerinauia walked with jurors, lawyers and Supreme Court Justice Graham Hiley through the BWS Airport Tavern where Declan Laverty passed away minutes before his shift ended on Sunday March 19, 2023.
Mr Kerinauia has been charged with murder, but has made a not guilty self defence plea.
On Friday the now 20-year-old paused briefly before the glass automatic doors, while surrounded by Corrections guards, before following the jury inside.
In a 15-minute tour the jury walked the same path the two young men took before the fatal skirmish.
CCTV repeatedly shown over the five days of the murder trial appears to show Mr Kerinauia running into the store with a knife following an argument with Mr Laverty.
Mr Laverty took off his own shirt and assumed a fighting stance allegedly armed with his own knife, with the jury hearing evidence he landed the first blow.
The entire fatal skirmish took less than two minutes, with witnesses saying Mr Kerinauia was laughing and smiling as he fled the scene.
Specialist Forensic Pathologist Marianne Tiemensma told the jury she examined the 20-year-old’s body 11 hours after the fatal stabbing.
Dr Tiemensma said the fatal blow had a 10.5cm wound track – 5cm deep and 2cm wide – to Mr Laverty’s chest, going through his ribs, upper right lung and piercing his heart.
Mr Kerinauia was left with a cut to his left cheek.
Mr Kerinauia was arrested the following morning, wearing a ripped T-shirt with a ‘maze of life’ design now splattered with blood.
On Thursday NT Police Strike Force Trident detective Sergeant Dale Motter-Barnard said Mr Kerinauia did not know Mr Laverty had died until he was being put in handcuffs.
“He was shocked to be under arrest for murder,” he said.
Sergeant Motter-Barnard agreed Mr Kerinauia said he acted in self defence after being “stabbed in the face, and was not wanting to die”.
“He said Declan had come at him with a knife as well,” Sergeant Motter-Barnard said.
Sergeant Motter-Barnard said the teenager “believed he hadn’t been served because of the colour of his skin”.
The jury have been told that both Mr Kerinauia and his cousin, Edward Rioli Jr were initially turned away under the ‘no shoes, no service’ policy.
The trial continues on Monday.
‘Hot head’ Declan Laverty’s knife presented to jury
Update, Thursday, June 14: Jurors have been introduced to three versions of 20-year-old alleged murder victim Declan Laverty: a “hot head” with a hunting knife, a “respectful” senior team member, and finally a bloodied body slumped on the floor of a Darwin bottle-o.
Confronting crime scene photographs of Mr Laverty’s body were presented to the jury on the fourth day of Keith Kerinauia’s murder trial at the Supreme Court on Thursday.
The jury were shown images of the BWS Airport Tavern in the wake of the stabbing on March 19, 2023, following the trail of “red staining” through the bottle shop before being shown graphic photos of the shirtless 20-year-old’s body.
NT Police crime scene examiner Senior Constable Shane Turner said there were two punctures to his chest, a “fresh wound” to his brow line, and an injury to the back of his head.
Mr Laverty’s 8cm unfolded knife was found in his right back pocket, while a company issue box cutter was also seized.
Forensic biologist Anne Pagkalinawan confirmed the alleged murder victim’s folding knife likely had both his and Mr Kerinauia’s blood.
Mr Kerinauia has entered a not guilty plea, arguing he was acting in self defence.
Declan Laverty’s boss has described the young worker as a “hot head” who could “lose it”, but maintained he was “the most respectful man” when dealing with customers.
“He had great rapport with our customers, they loved him, never had any dramas,” BWS Airport Tavern store manager Lolita Lamberto said on Thursday.
Ms Lamberto agreed the 20-year-old — who was the most senior member of the team on the night — would have been trained in the company’s security protocols, including how to react to anti-social behaviour like stealing and de-escalating abusive or angry customers.
“People came in, started stealing alcohol. The training was to let it go, just let them take it,” she said.
Reading from the training instructions, Defence Barrister Jon Tippett said the advice was to “stay clear from, retreat from, and not engage physically with abusive customers”.
“And that is for the protection of your customers and the staff,” Mr Tippett said.
Ms Lamberto said when threatening incidents occurred, staff could make a report in the incident log and more serious incidents could be referred to their security team and police.
However Ms Lamberto said nothing was officially reported in the four months she had been manager prior to Mr Laverty’s death.
This is despite Mr Laverty’s mother, Samara advising her son to carry a knife “for his own protection” after being threatened with a screwdriver at work.
Seeing a photo of Mr Laverty’s hunting “browning” knife for the first time, Ms Lamberto said it would not have been allowed to be carried by her staff.
Mr Tippett asked if “an employee pulling out a knife in the store could result in disciplinary action?”.
“Yes,” Ms Lamberto replied.
In addition to the de-escalation training, Ms Lamberto said all staff had also recently completed refusal of service training where they were told to deny any customer without “a legitimate place to drink” or those without shoes or shirts.
The jury has heard that Mr Laverty refusing service to the shoeless 19-year-old Mr Kerinauia was the catalyst for the fight.
CCTV appeared to show that after the denial of service Mr Kerinauia rushed into the store with a knife, while Mr Laverty took off his own shirt and assumed a fighting stance.
In the immediate wake of the alleged murder, Mr Kerinauia told his aunt that Mr Laverty drew first blood in their bottle-o ‘knife fight’.
Mr Kerinauia aunt, Erica Brooks told the court her son, nephew and another young man arrived at her Alawa home in a blue car in the immediate wake of the alleged stabbing.
Ms Brooks said her nephew arrived with “a tear to the left side of his shirt and a blood stain”.
She said Mr Kerinauia told her he had an argument with the cashier which “started to escalate”.
Ms Brooks said the 19-year-old said the cashier told him to “come back at 10 o’clock”, which he understood to be a threat to fight.
“He said the cashier cut him to the face with a scalpel,” Ms Brooks said.
“He said it happened really fast in the fight.”
Ms Brooks said another young man, who cannot be named for legal reasons, showed her a “scratch” to his chest from the cashier’s “scalpel” as he attempted to break up the fight between Mr Laverty and Mr Kerinauia.
Both Ms Brooks and Mr Kerinauia’s friend, Jayden Williams said the 19-year-old told them he was “trying to defend himself” after being sliced in the cheek.
BWS Airport Tavern’s ‘No shoes, no service’ policy allegedly sparked stabbing
Wednesday, June 12, 6pm: A Darwin bottle shop’s ‘No shoes, no service’ policy allegedly caused a teenager to attack a worker with a 30cm blade, a jury has heard.
On the third day of Keith Kerinauia’s murder trial on Wednesday the Supreme Court jury heard further evidence of the stabbing of 20-year-old Declan Laverty at the BWS Airport Tavern on Sunday March 19, 2023.
Mr Kerinauia has entered a not guilty plea, arguing he was acting in self defence.
His cousin Edward Rioli Jr said the stabbing was sparked after Mr Kerinauia felt the BWS bottle shop worker was “disrespectful” and “insulting me”.
Mr Rioli said the 19-year-old and his friend asked him to buy them beer that Sunday evening, however when they arrived he and his cousin were initially denied service at the bottle shop because they were not wearing shoes.
The jury heard that while Mr Rioli went back to his car, Mr Kerinauia tried to challenge the bottle shop workers.
“I didn’t feel disrespected, that guy treated me fairly and right,” Mr Rioli later told police.
Mr Rioli told the jury that the 19-year-old was “raising his voice” but added that the bottle shop worker “was provoking him”.
“He was also raising his voice at him,” Mr Rioli said.
The young man told the jury he felt “worried and scared” and “it felt like things were escalating”, so he left for the car.
Mr Rioli said his cousin talked about wanting to fight the man inside, and he saw that the 19-year-old had grabbed a 30cm knife.
Prosecutor Marty Aust asked Mr Rioli why he did not try and stop his cousin.
“I was too scared,” Mr Rioli said.
The next time Mr Rioli saw his cousin the 19-year-old had a cut to his face and blood on his shirt.
Other witnesses described Mr Kerinauia as laughing and smiling as he ran away from the alleged murder scene.
Mr Rioli said the 19-year-old was driving, while the other friend told him that he “tried to break up the fight” after “the other guy” swung at him first with a box cutter.
“(Mr Kerinauia) looked worried … like he would be in trouble … of what might happen to the guy,” Mr Rioli said.
“He told me he thought he stabbed him in the chest.
“That he stabbed the other guy through the lung.
“And that he might end up in jail.”
Declan Laverty’s mother Samara Laverty admits to telling son to arm himself at work
Wednesday, June 12, 2pm: Declan Laverty’s mother told him to carry a knife “for his own protection” weeks before the young bottle shop worker was fatally stabbed.
On the third day of Keith Kerinauia’s murder trial evidence from the alleged victim’s mother was presented to the Supreme Court jury.
The 19-year-old is accused of fatally stabbing Declan Laverty at the BWS Airport Tavern on Sunday March 19, 2023.
Mr Kerinauia has entered a not guilty plea, arguing he was acting in self defence.
In an agreed statement of facts, Mr Laverty’s mother, Samara revealed that she had told her son to carry a knife as she was “scared for his safety”.
“I told him to keep carrying the knife for his own protection,” Ms Laverty told police.
The Cairns mother said she was concerned after Mr Laverty told her that he was threatened with a screwdriver while at work three weeks before his death.
As a result in the wake of his alleged murder, Ms Laverty told police she felt “responsible”.
Ms Laverty said she “begged” her son to return to Queensland, but he wanted to stay and save money before moving to Brisbane.
The grieving mother confirmed to police her son was carrying a knife, but she was unsure what kind.
“I knew that Declan was carrying a knife … I never saw the knife,” she said.
“I don’t know where he got it.”
Ms Laverty said her son also used the knife “because the box cutters at work were not good”.
Defence barrister Jon Tippett has argued that the CCTV footage showed Mr Laverty had to be calmed down by fellow bottle shop workers after denying the 19-year-old service due to his lack of shoes.
Mr Tippett suggested the footage showed Mr Laverty reach into his back pocket — where he kept his knife.
CCTV also showed Mr Laverty taking off his own shirt and assumed a fighting stance as he was approached by the armed Mr Kerinauia.
For two minutes the jury listened to Ms Laverty’s panicked call to triple-0 after receiving a harrowing text from her son: “Mum I’ve been stabbed”.
“I just received a message from my son that he’s been stabbed at work,” Ms Laverty told the emergency call-taker through sobs.
“I’m terrified right now.”
Fourteen months after making that call, the same tears fell in Darwin’s Supreme Court as Ms Laverty wept in the court gallery.
Ms Laverty told the triple-0 caller that her son texted her, but when she tried to call back “all I heard is screaming and yelling”.
Two other customers who were at the BWS have described to the jury walking into the blood splattered store in the wake of the alleged murder.
“He was in a bad, bad way. It was confronting,” fly-in-fly-out worker Luke Wigan said.
“He died while I was beside him.”
Tears as Declan Laverty’s final words recounted in murder trial
Tuesday, June 11: A security guard has described holding a young bottle shop worker as blood choked his final words: “save me Rifat”.
In the second day of Keith Kerinauia’s murder trial, five first-hand witnesses have described the lead-up to the alleged stabbing of 20-year-old Declan Laverty at the BWS Airport Tavern on Sunday March 19, 2023.
Mr Kerinauia has entered a self defence not guilty plea.
On Tuesday, security guard Rifat Mahmud told the jury he watched the Jingili bottle shop worker being stabbed, as he held the staffroom door open.
“I saw when that stabbing happened … I was screaming at Declan to get back in here”
Mr Mahmud said after the stabbing Mr Laverty was “bleeding badly” and laying next to the toilet.
“He put his hand to me and said ‘Rifat save me’,” the security guard said.
“His eyes were getting bigger, he was bleeding from his mouth.
“He was suffocating, he couldn’t breathe.”
Mr Mahmud said he was screaming for support, as he took off his own shirt to apply pressure to the wound and began CPR.
“This is my first time seeing someone who was dying in front of me,” he said.
Ms Mahmud said after some time another older man said “you poor thing … he’s gone”.
Paramedics arrived four minutes later.
A customer, Christel Shuttleworth, broke down in tears listening to her panicked triple-0 call from 14 months ago as it played to the court.
“Oh my God. Get him now. He is not OK,” the Coconut Grove woman told triple-0.
“He’s losing consciousness.”
In the recording Ms Shuttleworth told a still responsive Mr Laverty that the ambulance was coming.
But the jury heard the 20-year-old passed away before help arrived.
Ms Shuttleworth told the jury she had a feeling of unease as soon as she pulled into the Jingili bottle shop that Sunday night.
She said she saw a young man urinating in the bushes “leering” at her as she drove in.
“I just thought ‘Just get in and out as quickly as I can’,” she said.
At the counter, Ms Shuttleworth said there was a young Indigenous man buying a slab of alcohol, and another two customers had left the cool room.
“I stood back, I was feeling intense,” Ms Shuttleworth said.
“I didn’t feel quite safe.”
She said it was then the 19-year-old she saw outside, entered the bottle shop.
“It looked like he was enjoying being antagonistic. He was looking and smiling,” Ms Shuttleworth said
“The deceased said to him ‘Mate you can’t be in here with no shoes on’.
“The young man got quite antagonistic about that and was challenging the deceased.
“He was baiting him.”
Ms Shuttleworth said the man with no shoes on kept asking “Why can’t I? Why can’t I?”, causing the bottle shop worker to become visibly upset, frustrated and distressed.
Ms Shuttleworth and the security guard told the jury the 19-year-old threatened Mr Laverty, with Mr Mahmud alleging the customer said: “you white c—t, you can’t tell me to get out. What if I came in and stabbed you?”.
Ms Shuttleworth said Mr Laverty replied: “ten minutes mate, ten minutes”.
Mr Mamoud acknowledged CCTV showed him pushing Mr Laverty twice away from the customer, as the 20-year-old reached his hand was in his back pocket.
Defence barrister Jon Tippett said that was where the 20-year-old kept his own knife.
CCTV showed this denial of service interaction occurred over just 15 seconds.
However fellow customer Mandeep Singh, who was being served at the time, said Mr Kerinauia did not appear to be “overly aggressive” when entering the bottle-o.
Mr Singh said he heard the young man tell his friends outside: “There’s a white guy inside, I’m going to f—king stab him”.
However, Mr Singh later told police he thought the young man was just “trying to look tough” and “talking trash”.
He said he said the young man ran to his car, and when he returned there was a “flash” of a knife under the lights.
Inside the store, Ms Shuttleworth said she saw the young man raise his arm while holding a 30cm knife.
“I was crouched at the end of a row of wine bottles, ducking down trying to hide,” she said.
Ms Shuttleworth said as she sought shelter in the cool room, only hearing yelling, “whooping” and the sounds of running from the other side of the glass.
CCTV showed Mr Laverty took off his own shirt and assumed a fighting stance as he was approached by the armed Mr Kerinauia.
The footage appeared to show both men swiping at each other, before Mr Kerinauia was chased out of the store.
Mr Tippett argued that the footage showed Mr Laverty running at Mr Kerinauia with his own knife in his hands and “lunge” at the teenager.
However Mr Mamoud said he could not recall any of this, saying “it was a very terrifying moment for me”.
Mr Singh said from the carpark he saw the worker with “a wound with blood pouring out”, and then a young man ran out with “a smile on his face”.
“They flew the scene,” he said.
Ms Shuttleworth said when she left the cool room she saw “pools of blood, the splatter of blood and Declan’s hat on the floor”.
The trial continues.
Declan’s last bloodstained moments: Crown sets out murder case
Update, Friday, July 11: As Darwin bottle shop worker Declan Laverty lay dying in an alcove of the store, bleeding to death from a 10.5cm stab wound that pierced his heart, he sent his mother Samara one last text message, a Crown prosecutor has told the opening day of a murder trial.
Keith Kerinauia, who was aged 19 when he allegedly murdered Mr Laverty at BWS Airport Tavern Drive at Jingili, appeared in the Supreme Court of the Northern Territory at Darwin on Friday for day one of what is expected to be a two-week murder trial.
After the jury was empanelled, Crown prosecutor Marty Aust set out the prosecution case.
Mr Kerinauia was in an “agitated state” when he entered the bottle shop, having already urinated in a garden outside the store, Mr Aust told the court.
Mr Laverty, supported by a security guard, told him he was unable to enter because he wasn’t wearing shoes.
According to the Crown case, Mr Kerinauia “exploded into anger” at this.
“The accused [is] focused on Declan Laverty and said words to the effect of, ‘You white c---… how about I get a knife and stab you’,” Mr Aust said.
Mr Kerinauia then ran to his vehicle and allegedly armed himself with a large silver knife, described by a friend of Mr Kerinauia’s as being the length of a ruler, before returning to the store.
“He went straight for Declan Laverty, he wasn’t interested in anyone else,” Mr Aust said.
Seeing Mr Kerinauia bearing down on him with the knife, Mr Laverty pulled out a knife, which the Crown says had a blade of about 5cm, and took his shirt off.
The pair began slashing at each other but it was Mr Kerinauia who made first contact with what proved to be the fatal blow, a 10.5cm stab to the heart that was “unsurvivable and fatal”, Mr Aust said.
Mr Laverty would suffer a second stab wound to the chest, a 3.2cm puncture to the left side, as well as five other smaller wounds to his face, shoulder and head, the Crown alleged.
In return, Mr Kerinauia suffered two small cuts, one to the side of his face, the other to his chest, Mr Aust said.
The stabbing was captured on CCTV, two angles of which were played to the jury.
After Mr Kerinauia was forced from the store, Mr Laverty, blood spurting from his chest and staining the floor, stumbled to a staff area, where he collapsed in the presence of the security guard and another employee.
Paramedics were called but they were unable to save Mr Laverty, who had suffered “catastrophic blood loss causing massive pressure on the heart until it could no longer beat,” Mr Aust said.
Before he died, he sent one last text message to his mother.
The contents of the message were not read onto the public record.
Defence counsel Jon Tippett QC said that rather than damn his client, it would be the defence case that the CCTV proves his client acted in self-defence.
He told the court close analysis of the video would show that after rushing into the BWS, his client in fact stopped and desisted, but was drawn into the conflict once Mr Laverty pulled his knife and began advancing towards Mr Kerinauia.
He further submitted that Mr Laverty’s knife was far larger than what the Crown described it as, telling the court it was in fact a Browning knife used for skinning animals.
Mr Tippett said both Mr Kerinauia and Mr Laverty were engaged in the unlawful activity of carrying knives in public places.
He told the court Mr Laverty produced his knife with “enthusiasm” and began attacking Mr Kerinauia.
The trial resumes on Tuesday.
Declan Laverty murder trial jury empanelled, Crown to set out case
Initial, June 7: The jury who will try murder accused Keith Kerinauia, charged with murdering young bottle shop attendant Declan Laverty in March 2023, has been empanelled.
The jury, consisting of nine men and six women – three are reserve jurors – will call Courtroom 3 of the Supreme Court of the Northern Territory at Darwin, home for what is expected to be a two-week trial.
There was not a spare seat in the courtroom between 10am – 12pm, as dozens of prospective jurors were whittled down.
One man told Justice Graham Hiley that he was served a number of times by Mr Laverty at BWS Airport Tavern Drive at Jingili.
Another prospective juror, a kitchen hand, said her English was too poor.
A third person, a young man, said he had hearing difficulties.
All three were excused.
Crown prosecutor Marty Aust will begin his opening address at 2pm.
Mr Laverty was stabbed to death on the evening of March 19, 2023, allegedly at the hands of Mr Kerinauia, who has pleaded not guilty to the murder charge.
The defence will contend that Mr Kerinauia acted in self defence.
A number of Mr Kerinauia’s supporters were seated in the front left of the court.
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