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Four teens stand trial over the murder of Reservoir teenager Declan Cutler

Tensions have boiled over after chilling CCTV footage of a 16-year-old boy being brutally stabbed to death was played in a Melbourne courtroom.

Reservoir teenager Declan Cutler was stabbed to death in a ‘savage’ pack attack.
Reservoir teenager Declan Cutler was stabbed to death in a ‘savage’ pack attack.

Tensions have boiled over after chilling CCTV footage, which captured the moment eight teens brutally killed a 16-year-old boy on a Reservoir nature strip, was played in a Melbourne courtroom.

The footage of the “frantic” pack attack was aired in the Supreme Court as four teens, now aged between 16 and 19, stand trial for the murder of Declan Cutler.

The boys, who cannot be named for legal reasons, have all pleaded not guilty.

Declan’s loved ones sobbed and passed around tissues as they watched the “harrowing” footage, while the alleged murderers stared at the screen with little emotion.

Declan Cutler’s father Bryan Beattie is supported outside the Supreme Court in September.
Declan Cutler’s father Bryan Beattie is supported outside the Supreme Court in September.

As the recording reached its end, one of Declan’s mates turned to the accused who were sitting in the dock mere metres from him.

“I got you. I got you. Wait till I catch you outside … just wait,” he said.

His mum also addressed the accused: “You smiling now, huh?”

Declan’s family and friends were swiftly ushered out of the courtroom by security and the police informant handling the case.

But as she left, the mum described to Justice Rita Incerti, who is presiding over the judge-alone trial, how difficult it was to sit so close to Declan’s alleged killers.

“It’s so hard that they’re so close to my son,” she said.

“It should be in the Supreme Court, so we’re not so close to them.

“It’s torture. It’s actually torture.”

Declan suffered more than 60 blunt force injuries.
Declan suffered more than 60 blunt force injuries.

The Supreme Court trial is being heard in the County Court building because the former cannot accommodate a trial with so many accused and lawyers.

However, unlike the Supreme Court, the County Court does not have a separate public gallery, meaning victims’ families are forced to sit metres from accused.

After a short break, the trial resumed, with Declan’s loved ones seated in the front row of the body of the court, away from the accused.

Earlier, Crown prosecutor Kristie Churchill told the court the brutal killing was carried out by eight youths, some of whom were affiliated with a street gang from Melbourne’s west.

On March 13 last year, it is alleged the four accused packed into a stolen Mazda with four others and drove from Tarneit to Reservoir where members of a rival gang were at a party.

About 2.30am, the Mazda turned into a street where Declan and two of his friends were walking, having left the party.

The boys chased Declan down in the Mazda, who had become separated from his friends in the chaos.

Declan was killed on a Reservoir nature strip. Picture: David Crosling
Declan was killed on a Reservoir nature strip. Picture: David Crosling

Ms Churchill told the court eight teens armed with four knives then exited the stolen car in “quick succession” before launching into the ferocious two-minute attack.

The confronting CCTV footage shows the teens stabbing, kicking and stomping on Declan – who was not affiliated with the rival gang – as he lies on the dark Reservoir street.

The Crown prosecutor alleges one of the 19-year-old accused was the “most active” in the unprovoked attack, stabbing the teen more than 50 times.

She also alleges the 16-year-old accused stabbed Declan four times with a large knife, before the 18-year-old accused grabbed the weapon and plunged it into their victim six times.

She said the other 19-year-old accused did not have a knife but was “actively involved” by kicking and stomping.

“Declan would lose his life on the nature strip on Horton St,” Ms Churchill said.

He suffered more than 66 blunt force injuries, 56 sharp force injuries and 29 stab wounds.

His cause of death was determined as a stab wound to the chest.

A knife was found at the crime scene. Picture: David Crosling
A knife was found at the crime scene. Picture: David Crosling

Ms Churchill told Justice Incerti that since the four accused “entered into an agreement, arrangement or understanding” with the others to cause serious injury or death to Declan, they should be found guilty of murder.

However, defence barristers for three of the accused – aged 19, 18 and 16 – told the court their clients vehemently deny participating in the attack.

“In a nutshell, the main issue … is identity,” one lawyer said.

But the other 19-year-old, who did not use a knife, has admitted to participating but denies he acted with any “murderous intent”.

“He denies being a party to any agreement,” his defence barrister said.

However, his plea of guilty to manslaughter has not been accepted by the prosecution.   

Police descended on Horton Street the day after the alleged murder. Picture: Andrew Henshaw
Police descended on Horton Street the day after the alleged murder. Picture: Andrew Henshaw

Ms Churchill said the prosecution would be able to prove the four accused participated in the attack through evidence, including telephone records placing three of them in the Reservoir area.

Before he was arrested, the 19-year-old alleged to have been the “most active” in the murder took a selfie, with the photo later obtained by police.

“Killers that have never been caught,” the text on the selfie read.

The court heard the 19-year-old and the 18-year-old also Googled information about passports, with one searching whether he could leave the country.

In September, a 14-year-old boy, now aged 16, who repeatedly stabbed Declan with a large knife pleaded guilty to murder and was sentenced to 15 years’ jail.

Two 16-year-old boys, now aged 18, who kicked and stabbed the teen also pleaded guilty but to the lesser charges of manslaughter and intentionally causing serious injury.

They were sentenced to four and three ½ years, respectively, in a youth justice centre.

Most recently, a 13-year-old boy, now aged 14, was found not guilty of murder because he was too young to know his actions during the attack were “seriously wrong”.

The trial continues.

Original URL: https://www.heraldsun.com.au/truecrimeaustralia/police-courts-victoria/four-teens-stand-trial-over-the-murder-of-reservoir-teenager-declan-cutler/news-story/fdc2ced1fd5298256093125d97fb743f