Visa problems cause court delays for man accused of one-punch death of Cole Miller
COURT proceedings have stalled for one of the men accused of the one-punch death of Brisbane teen Cole Miller, due to visa complications.
BAIL proceedings for a New Zealand man charged over the one-punch death of Brisbane teenager Cole Miller have stalled due to complications with his visa.
Mr Miller, 18, died after he was allegedly attacked in Fortitude Valley in January, suffering massive brain trauma.
A Supreme Court application scheduled for Thursday was adjourned after it was heard one of two men facing charges over the death, 21-year-old Daniel Jermaine Lee Maxwell, could be taken into immigration custody if bailed.
Australian Border Force yesterday thwarted Maxwell’s bail application, threatening to strip him of his visa and lock him up in a detention centre if released on bail, the Courier Mail reports.
The New Zealand national could have been taken to any number of detention centre in Australia, or even Nauru, his lawyer Michael Bosscher said.
But in a statement, Immigration Minister Peter Dutton ruled out offshore detention, saying people with cancelled visas “are not subject to transfer to regional processing centres”.
News of the visa issues were sprung upon both the defence and prosecution as Maxwell made his second bid for bail.
The hearing was adjourned to a date yet to be determined.
Maxwell had been drinking with a group for birthday celebrations on the night of the incident, but in documents filed ahead of the hearing, said he rarely consumed alcohol and was not a naturally violent person.
The Courier Mail reports if Maxwell is found guilty or pleads guilty, it is likely he will serve jail time.
If he is found not guilty, he will almost certainly be kicked out of the Australia under section 501 of the Migration Act.
Outrage over Mr Miller’s death intensified calls for tougher laws to combat alcohol-fuelled violence.
Queensland’s statewide lockout laws were passed last month and will come into effect in July.