Cavill Mall murder trial: Court told accused ‘hunted’ Raymond Harris before alleged fatal stabbing
The closing arguments have wrapped up in the murder trial for a trio charged after young father Raymond Harris died amid a bustling Cavill Mall in Surfers Paradise. Full trial coverage
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The defence for one of three men accused of murdering another in the heart of Surfers Paradise has told the court his clientis “guilty as all hell” of manslaughter.
The jury has begun its deliberations to decide whether the trio will be found guilty of murdering Raymond Harris in Surfers Paradise’s popular Cavill Mall more than three years ago.
The three accused have been on trial in Brisbane Supreme Court for close to two weeks in relation to the alleged fatal stabbingof Mr Harris, a 27-year-old father, on September 23, 2020.
It is alleged Jye Sebastian Webb-Italia, now 22, caused the fatal injury. He has pleaded guilty to manslaughter but the prosecutionwould not accept his plea to the lesser charge.
Co-accused Kyle Jack Webb, 28, and Jarod James Miller, 25, are also charged with murder on the basis they allegedly aidedor encouraged Mr Webb-Italia to fatally stab Mr Harris.
The trial reached its final stages on Friday as the jury heard the last of the parties’ closing addresses, which began theday prior.
Representing Mr Webb-Italia, barrister Tony Kimmins urged jurors to find his client not guilty of murder - saying he was “guiltyas all hell” of manslaughter - and claimed there was no evidence the then-18-year-old carried a knife all the way to the confrontation.
Mr Kimmins said evidence heard during the trial indicated Mr Webb-Italia had a history of drug use and was intoxicated thenight of the alleged stabbing, appearing “completely and utterly wasted” in a mugshot taken after his arrest.
“That CCTV footage does nothing more than establish that Jye has unlawfully killed Raymond – that’s what it is. It does notprove murderous intent,” he said.
Mr Kimmins said Mr Webb-Italia told police he had several medical conditions – including bipolar and epilepsy – and that hesuffered “blackouts”.
He also drew attention to other aspects of the interview, in which he said his client seemed to be trying to understand whathad happened and made claims he did not think he stabbed Mr Harris and “would never want to take another man’s life”.
Crown prosecutor Elizabeth Kelso alleged on Thursday that neither Mr Webb-Italia nor his co-accused were so intoxicated thatthey were incapable of forming an intention to harm Mr Harris.
Ms Kelso said the trio allegedly “hunted” Mr Harris, who told Mr Webb to meet him outside the Surfers Paradise Beer Gardengaming room after heated arguments earlier that night.
Acting Justice Ann Lyons told the jury in her summing up of the case that the matter of intent was “critical” to the trial.
The jury retired late Friday afternoon.
YOUNG DAD ALLEGEDLY ‘HUNTED’ BEFORE BEING STABBED
A young dad was allegedly “hunted” before being stabbed and left to die on a major Surfers Paradise street by his attackers, a court has been told.
Three men are facing trial in Brisbane Supreme Court in relation to the alleged murder of 27-year-old Raymond Harris on September 23, 2020.
It is alleged Jye Sebastian Webb-Italia delivered the fatal wound. He has pleaded guilty to manslaughter but the prosecution would not accept his plea to the lesser charge.
Co-accused Kyle Jack Webb, 28, and Jarod James Miller, 25, are also charged with murder on the basis they allegedly aided or encouraged Mr Webb-Italia to fatally stab Mr Harris.
Crown prosecutor Elizabeth Kelso said in her closing address on Thursday that Mr Harris was unarmed - standing with a cigarette in one hand and his phone in the other - when he was allegedly set upon by the trio near the corner of Cavill Ave and Orchid Ave.
Ms Kelso said CCTV footage played throughout the trial showed Mr Harris being "hunted” by the accused, who moved quickly “as a pack” towards their alleged victim, with Mr Webb landing the first blows.
“Not once in this melee where Mr Harris is fatally stabbed does Mr Webb-Italia, Mr Webb, or Mr Miller show any hesitation or surprise at the actions of their friends, nor so much a moment’s hesitation,” she said.
“Can I say it’s because of that - that is the actions of the three of them ... are consistent with either their own individual intents or their knowledge of the intents of the others to do at least grievous bodily harm to Mr Harris that evening.”
The court was told Mr Harris had argued heatedly with Mr Webb earlier that night and Harris told him specifically to meet him outside the Surfers Paradise Beer Garden pokies room.
Ms Kelso said there was “a wealth of evidence” demonstrating that while the accused may have used drugs that day, none were so intoxicated that they could not have formed an intention to harm Mr Harris.
She also alleged the trio all tried to distance themselves from the fatal stabbing, including Mr Webb-Italia and Mr Miller discarding items of clothing before their arrests and Mr Webb - who received threats from Mr Harris’ cousin after his death - leaving the Gold Coast.
Representing Mr Webb, barrister Simon Lewis said his client was distinct from his co-accused in that he was unarmed, and that there was no evidence he knew his brother had a knife or was going to use it.
“If you’re going to have a fistfight with somebody and somebody that you are in company with pulls out a knife and stabs somebody, and you have no idea that was going to happen because you had no idea that they had a knife, you’re not liable for that,” Mr Lewis said.
“It’s deplorable conduct which has had a catastrophic consequence and a young man has lost his life - that is a tragedy.
But that does not mean my client is guilty of murder.”
Mr Miller’s defence barrister Andrew Hoare said his client was intoxicated that night and clearly armed, but only used the weapon defensively and maintained he carried it to protect himself, having been “rolled” only weeks prior while “effectively homeless”.
Mr Hoare told the jury Mr Miller was intoxicated that night did not assault anyone and was not part of any common plan with his co-accused.
“Him being part of a punch-on and the part he played in that makes him responsible for an unlawful killing - not a murder, an unlawful killing - and that’s manslaughter,” he said.
Mr Webb-Italia’s barrister Tony Kimmins was to begin his closing address late Thursday afternoon.
Why murder-accused pair huddled in Surfers Paradise carpark - court
Two men charged with the murder of another man in Surfers Paradise were found huddled in a corner on the roof of Bruce Bishop car park, a court has been told.
Monday marked the beginning of the second week of a murder trial in Brisbane Supreme Court in relation to the alleged fatal stabbing of Raymond Harris outside the Surfers Paradise Beer Garden on September 23, 2020.
It is alleged Jye Sebastian Webb-Italia, 22, was responsible for the fatal injury.
He pleaded guilty to manslaughter on the first day of the trial, but the prosecution would not accept his plea to the lessercharge.
Co-accused Kyle Jack Webb, 28, and Jarod James Miller, 25, are charged with murder on the basis they allegedly “aided and encouraged” Mr Webb-Italia to fatally stab Mr Harris.
Bodyworn camera footage played in court on Monday showed the moments a police officer found Mr Webb-Italia and Mr Miller in a corner on the roof of Bruce Bishop car park a short while after the alleged stabbing.
The officer told the court he heard faint rustling noises coming from that area while on the level below, soon finding the pair together on the top level.
The jury was told the duo complied with police directions – including Mr Miller handing over his red T-shirt and a black bag – and went down to officers waiting on the ground.
Police found a grey jumper in a stairwell of the car park and black tracksuit pants on the roof, the court was told.
The jury was expected to see police interviews with Mr Webb-Italia and Mr Miller from the hours after their arrest.
Evidence was also heard from a forensic pathologist who examined Mr Harris’ body in the days following his death.
She told jurors blood loss from the stab wound to Mr Harris’ abdomen led to a lack of blood and oxygen supply to his primary organs, ultimately causing his death.
The pathologist said cuts on Mr Harris’ liver showed the knife had moved while in his body, though she could not definitively say whether it was the blade or Mr Harris that moved.
It would not have required a large amount of force for a knife to cut through the skin and soft abdominal organs, it was heard.
The trial continues on Tuesday.
‘All-in brawl’ before alleged fatal Surfers stabbing
A group of men were seen fighting in an “all-in brawl” the night a man was allegedly fatally stabbed in Surfers Paradise, a court has been told.
Three men are currently facing trial in Brisbane Supreme Court, charged with the murder of Raymond Harris on the evening of September 23, 2020.
It is alleged Jye Sebastian Webb-Italia delivered the fatal injury outside the Surfers Paradise Beer Garden on Cavill Ave, with the jury previously told the wound cut through Mr Harris’ liver and stomach.
Mr Webb-Italia, 22, entered a guilty plea to manslaughter on the first day of the trial, but the prosecution would not accept his plea to the lesser charge.
His co-accused Kyle Jack Webb, 28, and Jarod James Miller, 25, are charged with murder on the basis they allegedly “aided and encouraged” Mr Webb-Italia to fatally stab Mr Harris.
Several people who saw parts of the alleged confrontation unfold from the street or nearby vehicles gave evidence on Friday.
One woman told the court she and her children were on the way back to their unit when her attention was drawn to what looked like a fistfight out the front of the Beer Garden.
She said she saw one man punch another in the stomach with an “uppercut”.
“After he was punched, I saw him stumble away and lift his shirt and grab his stomach, and then fall to the ground,” she said.
Several witnesses said they saw a group of men – described by some as wearing hoodies or Nike TN sneakers – walking nearby just before the alleged violence, with more than one claiming to have seen one of the men pulling a knife from near his hip.
Varying accounts of the alleged confrontation were given in court, with one witness saying the men who walked past him started “laying into” another man – who started fighting back – and other witnesses describing it as an “all-in brawl” or a “punch-on”.
Witnesses also gave evidence about seeing a knife dropped near the Beer Garden, with one describing it as a black hunting knife with a long blade.
Two knives found near the scene of the alleged murder were shown to the jury during a crime scene officer’s testimony.
The officer said the first – found in the corner of the Beer Garden gaming lounge – had a blade about 26cm in length and a black sheath, and the second was about 18cm long with a jagged blade and found outside, near a black baseball cap and pair of glasses.
An off-duty paramedic who tried to treat Mr Harris before an ambulance arrived also gave evidence on Friday, saying he had to use napkins from a nearby Baskin Robbins store to try to stem the bleeding before someone found a first aid kit.
He told the court he suspected a “fairly large” knife had allegedly been used due to the size of the wound, which he knew had caused internal bleeding from the deterioration in Mr Harris’ condition.
The trial will continue before Acting Justice Ann Lyons on Monday.
Stabbing victim argued with murder-accused before death: court
A man fatally stabbed in Surfers Paradise allegedly argued with one of the men charged with his murder in the hours before his death, a court has been told.
Four men are currently facing trial in Brisbane Supreme Court in relation to the death of Raymond Harris on September 23, 2020.
The jury was told on the first day of the trial that Mr Harris died within minutes of being stabbed once in the abdomen, with the wound slicing through his liver and stomach.
It is alleged Jye Sebastian Webb-Italia, now 22, delivered the fatal injury at about 9pm outside the Surfers Paradise Beer Garden on Cavill Ave.
Co-accused Kyle Jack Webb, 28, and Jarod James Miller, 25, are also charged with murder but on the basis they “aided and encouraged” Mr Webb-Italia to fatally stab Mr Harris, the court was previously told.
A fourth man, Zaynn Stevannes Bekker, 35, has pleaded not guilty to a charge of being an accessory after the fact to either murder or manslaughter by assisting Webb to enable him to escape punishment.
A witness statement given to police at the time of Mr Harris’ death by his second cousin, who had been out drinking with him that night, was also read to the jury.
Acting Justice Ann Lyons told jurors that as the man was now deceased and unable to give evidence in court, his recollection of the night’s events could not be tested under cross-examination, meaning it would be for them to decide whether his statement was reliable and how much weight to give it.
Justice Lyons also told the jury the man had a criminal history and that his statement should not be given any special weight due to its document form.
Police were told in the statement that the pair met up in Surfers Paradise in the early evening, sharing a few drinks and meeting up with another two men before moving on to the Beer Garden.
The court was told the man claimed he was contacted several times by Mr Webb that night, who seemingly argued or had “heated” discussions with Mr Harris about “some issues from years back”.
According to the statement, their group was downstairs in the pokies area when they were confronted by another three men – one of whom he recognised as Mr Webb.
The man claimed one of the other men had a knife – which he described as being the length of an A4 sheet of paper – sheathed in a mesh sleeve in the front of his pants that he quickly withdrew before leaving the scene of the confrontation.
Police were told the witness believed the trio were affected by methylamphetamines due to their appearances and high energy.
His statement said that after the altercation, the man went to the bathroom and back to the gaming area before exiting the venue, at which point he realised he was alone and that Mr Harris was lying on the ground nearby.
He told police he could tell his cousin was badly hurt and was tended to by other people for about 25 minutes before being taken away in an ambulance, the court was told.
The man made his way to hospital and was soon told Mr Harris was dead, according to his statement.
The court was closed for much of the remainder of Thursday’s proceedings as special witnesses gave evidence.
The trial will continue on Friday and is expected to run for two to three weeks.
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