New trials ordered for three men after man, woman found dead, locked in submerged toolbox
A bombshell twist has emerged in the alleged horrific killing of a man and woman whose bodies were found in a submerged toolbox.
Three men previously convicted of murdering a man and woman whose decomposing bodies were found locked in a submerged toolbox have had their convictions set aside and secured new trials.
Stou Daniels, Trent Michael Thrupp and Davy Malu Junior Taiao were all sentenced to life in jail in 2021 for the murder of Cory Breton and Iuliana Triscaru
The pair’s bodies were found in an industrial toolbox in 2016, which had been submerged in Scrubby Creek, near Logan.
Daniels, Thrupp and Taiao all launched appeals against their murder convictions.
The Crown alleged Mr Breton and Ms Triscaru were lured to a Kingston unit by the group and were tied up, assaulted and tortured for hours.
It is further alleged the pair were then locked in the toolbox, which was driven to Scrubby Creek near Logan and dumped in the water.
During their trial in 2021, Daniels, Thrupp and Taiao were convicted on two counts of murder and torture.
Walker was convicted of Mr Breton and Ms Triscaru’s manslaughter.
All four men successfully appealed their convictions to Queensland’s Court of Appeal, arguing the Crown failed to prove they had the “knowledge, intention or belief” necessary to render them “criminally responsible” for the offences of murder.
On Tuesday, the Court of Appeal set aside the trio’s murder convictions and ordered new trials for Daniels, Thrupp and Taiao.
The court also set aside Walker’s manslaughter convictions and acquitted him of the charges.
However the torture convictions against Daniels, Thrupp and Taiao were all upheld.
In their judgment, the Court of Appeal judges said miscarriages of justice occurred due to inadequate particulars and directions being put to the jury about “requisite knowledge, intention or belief” of Daniels, Thrupp and Taiao which made them responsible as aiders to the offences of murder.
“It will also become clear that the Crown paid inadequate attention to this requirement at trial,” the judgment states
The judges noted errors in the question trails left to the jury concerning guilt or lack of guilt for all three defendants at trial.
Earlier this year, Tuhirangi-Thomas Tahiata attempted to appeal his convictions for murdering Mr Breton and Ms Triscaru.
He had not taken part in Mr Breton or Ms Triscaru’s torture but instead helped load the toolbox containing the pair onto his ute and drove it to the creek.
Tahiata then unloaded the toolbox – with the pair still alive inside – allegedly handing Thrupp a claw hammer to punch holes in the toolbox to help it sink faster.
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The Court of Appeal dismissed the appeal in April.
They said the judge’s admission of evidence surrounding Tahiata’s off-camera confession was wrong but said this did not amount to a substantial miscarriage of justice.
“This inadmissible confession was comprehensively subsumed by subsequent admissible confessional statements made by the appellant, which were both extensive and detailed,” the appeal judgment states.