Declan Laverty murder trial: Keith Kerinauia’s lawyers want to bar jurors who signed petition

Lawyers for Keith Kerinauia, charged with the stabbing murder of a young Darwin bottle shop worker, have revealed their concerns in court of obtaining a fair trial for their client.

Declan Laverty, 20, was allegedly stabbed to death at The Airport Tavern in Darwin about 9pm Sunday, March 19, 2023. Picture: Facebook

Lawyers for Keith Kerinauia, who is charged with the murder of Darwin bottle shop worker Declan Laverty, have made an application to strike out possible jurors who signed a petition in the wake of his death.

In the Supreme Court of the Northern Territory at Darwin on Tuesday, defence counsel Jon Tippett QC applied to Justice Graham Hiley for the ability to ‘challenge for cause’ – that is, to bar prospective jurors from being empaneled if there are concerns they will be unable to judge the case impartially.

This would be done via issuing a short questionnaire to prospective jurors.

The ultimate aim is to ensure a fair trail for Mr Kerinauia, who has pleaded not guilty to the charge and is entitled to the presumption of innocence.

Crime scene at BWS Airport Tavern, Jingili, in the wake of Declan Laverty’s alleged stabbing murder. Picture: File

Mr Tippett told the court the questionnaire would likely probe whether prospective jurors had signed a change.org petition launched by Mr Laverty’s mother Samara Laverty in the wake of his death, attended any rallies, or attended parliament when the petition was debated.

In support of his application, Mr Tippett noted that Ms Laverty’s petition, ‘Justice for Declan Laverty: Action against crime in the NT,’ had been signed by more than 27,000 people, and cited a previous statement by Opposition Leader Lia Finocchiaro that it was the “biggest petition the jurisdiction had ever seen”.

Keith Kerinaiua's defence team: instructing solicitor Peter Maley and barrister Jon Tippett QC leaving the Darwin Supreme Court on June 4, 2024. Picture: Alex Treacy

The number of signatories represented a “huge” proportion of Darwin’s population, Mr Tippett said.

“Apparently parliament was full in the public gallery over the days [the petition] was debated,” he said.

“This goes a bit beyond publicity, this is a movement as distinct from publicity.”

Mr Tippett said that although he had no doubt Justice Hiley would issue firm directions to the jury to not be influenced by previous reporting on the case, it was the defence position that a questionnaire of “minor, quick questions” would add another layer of protection.

Thousands of demonstrators rally at Parliament House against violent crime in the wake of the alleged murder of Declan Laverty in March 2023. Picture: PEMA TAMANG Pakhrin

Crown prosecutor Marty Aust said he would seek instructions as to the Crown’s position on the defence application, which will be heard before Justice Hiley on Thursday afternoon.

“We want nothing but a fair trial for the accused,” he said.

Mr Aust did foreshadow, however, the Crown would likely be opposed to a questionnaire that was too lengthy or probing.

Justice Hiley told the court he shared the “same concerns as everybody else, that people [prospective jurors] would have formed views”.

The jury is set to be empaneled on Friday, with the Crown’s opening statement pencilled in for Tuesday after the King’s Birthday long weekend.

The trial is set down for two weeks, although Mr Tippett told the court he expected additional time would need to be allocated.

Mr Laverty was just minutes from finishing his shift at Jingili bottle shop BWS Airport Tavern Drive on March 19, 2023, when he was stabbed to death, allegedly at the hands of Mr Kerinauia.

The defence case is that Mr Kerinauia acted in self-defence.