Court told of alleged chilling claim after Qld cop mowed down
A major update has emerged in the case against two women accused of murdering a senior cop – with a court being told of one’s chilling alleged claim.
A woman who was a passenger in a car when it struck and killed a police officer allegedly told the driver “we ride together, we die together” after the fatal act.
Kari O’Brien’s alleged chilling claim was revealed during the closing arguments of a committal hearing at Brisbane Magistrates Court on Thursday where her legal team attempted to have her murder charge thrown out.
Ms O’Brien and her co-accused, Skye Anne Wallis, are both charged with murdering Senior Constable David Masters on June 26, 2021.
Senior Constable Masters was allegedly struck and killed by the pair while laying road spikes on the Bruce Hwy at Burpengary, north of Brisbane, to stop their alleged stolen car.
The vehicle was later found torched and dumped.
Both Ms Wallis and Ms O’Brien have been committed to stand trial on charges of murder, arson and unlawful use of a motor vehicle.
Senior Constable Masters’ widow Sharon wept after learning of Ms O’Brien’s committal late on Thursday.
Barrister Chris Wilson, representing Ms O’Brien, told the court his client had no case to answer for when proceedings entered their fourth day.
In his submissions, Mr Wilson said there was no evidence in the case against his client of either murder of manslaughter, or even the alternative of dangerously operating a vehicle with a circumstance of aggravation.
Mr Wilson submitted there was no evidence implicating her in any other way – other than Ms O’Brien being a passenger in the car.
“The mere presence of my client as a passenger in the car does not create criminal responsibility,” he said.
But crown prosecutor Dejana Kovac said Ms O’Brien did not make any attempt to dissociate herself from the alleged offending even after Senior Constable Masters’ death.
She said Ms O’Brien was allegedly overheard by one witness telling Ms Wallis “we ride together and we die together”.
She also allegedly said to another: “I think we just killed a copper.”
Mr Wilson said this alleged statement was not an admission from his client.
The court was told one witness, Dylan Hunter, had given a statement where he said he had been travelling with Ms O’Brien and Ms Wallis in the same car at 7.30pm on the night before the alleged incident.
In his statement, he described hearing Ms O’Brien say: “It’s police, don’t pull over” when she noticed one police vehicle activating its lights and sirens in response to seeing the allegedly stolen vehicle on Brisbane’s northside.
Ms Kovac said Ms O’Brien also “lied” to the police about her alleged involvement – including that she separated from Ms Wallis as soon as the car was stopped.
Magistrate Peter Saggers ultimately found the evidence was sufficient to put Ms O’Brien on trial for the charge of murder alongside Ms Wallis.
He said the pair’s comments after Senior Constable Masters’ death could help inform “the attitude and intentions and motivations” of Ms O’Brien and Ms Wallis that day.
“That and the continued, in my view, remark about evading police and not stopping for them,” magistrate Saggers said.
“I’m satisfied enough the evidence is sufficient to put Ms O’Brien on trial for the charge of murder as well.”
Ms Wallis’ charge of unlawful possession of a weapon will remain before the magistrates court.
Asked if she wanted to say anything in response to the charges, Ms Wallis answered: “No, Your Honour”.
Over the course of the committal hearing, the court was told debris was seen “flying in the air” at the time of the crash.
“I didn’t believe it was a motor car, I saw enough debris in the air to believe it was a motorbike,” witness Leif Haas, who was about 500m from the site of the crash, said.
Senior Constable Brenden Werth also gave evidence Senior Constable Masters was not wearing a fluorescent vest at the time he tried to stop the car.
The court was told he was seen moving from the safety of a concrete barrier in order to deploy the tyre deflation spikes.
During cross-examination he said he viewed the footage and had determined Senior Constable Masters was not wearing a fluorescent vest at the time.
The Crown alleges Ms Wallis was behind the wheel of a stolen car on the Bruce Hwy in Burpengary when police attempted to stop the vehicle.
Senior Constable Masters, 53, was allegedly fatally struck while trying to lay road spikes to stop the vehicle.
Ms O’Brien is alleged to have been in the passenger seat at the time.
It is further alleged the pair both fled the scene, torching the vehicle before their arrests.
Both women are charged with murder on the basis that police allege they were engaged in the unlawful purpose of evading police for many hours before Ms Wallis is claimed to have driven at a police officer, committing felony murder.
Members of Senior Constable Masters’ family, including his widow Sharon and son Jack, have attended the committal hearing over the week.