Keith Kerinauia sentenced to life in prison for murder of Declan Laverty in Darwin BWS stabbing

The father of slain bottleshop worker Declan Laverty wiped away tears as his son’s killer was handed a life sentence by a Darwin judge. What happened in court.

Declan Laverty, left, and his murderer Keith Kerinauia.

The father of slain bottleshop worker Declan Laverty wiped away tears as his son’s killer was handed a life sentence for his murder.

Keith Kerinauia, 20, faced the Supreme Court in Darwin on Friday, two weeks after a jury of 12 unanimously found him guilty of murder for stabbing BWS Airport Tavern worker Mr Laverty on the evening of Sunday March 19, 2023.

After five hours of deliberation the jury found the then 19-year-old Kerinauia was not acting in self-defence when he fatally stabbed the young worker with a fishing knife, 55 seconds after being denied service because of his lack of shoes. 

Justice Graham Hiley said witnesses to the incident heard Kerinauia tell Mr Laverty: “You white c--t, how about I stab you?”, before going into his father’s car, telling a friend he was going to “kill” the worker inside, and handing a knife to the younger man.

CCTV showed Kerinauia running into the store with a blade before Mr Laverty pulled out his own 8cm hunting knife – which he was not authorised to carry – and appeared to lunge at Kerinauia.

Declan Laverty, a 20-year-old bottleshop worker who was fatally stabbed, was found with two knives on his person, a folding hunting knife and a company issued boxcutter. Picture: Supplied

On the stand during the trial, Kerinauia told the jury he only wanted to “scare” Mr Laverty when he ran into the store with the 25cm knife.

However Justice Hiley said the jury “clearly rejected that evidence”, describing Mr Laverty as attempting to “stand his ground” before backing up and removing his shirt, which he wrapped around his arm.

“Consistent with the jury’s verdict, at no time did you believe it was necessary to defend yourself, or your response was excessive,” he said.

CCTV showed both men swinging at each other before Kerinauia landed his first, fatal blow, plunging his knife 10cm into Mr Laverty’s chest, before being chased off, suffering “superficial wounds”.

Keith Kerinauia, 20, walked through the BWS Airport Tavern where Declan Laverty was fatally stabbed on Sunday March 19, 2023. Picture: Zizi Averill

Kerinauia was described as “smiling” and “laughing” as he ran to the car, as Mr Laverty died within minutes.

Mr Laverty’s father Damien Crook wiped away tears as his son’s final moments were methodically detailed by Justice Hiley.

While the jury found Kerinauia intended to cause serious harm, Justice Hiley added “I am not satisfied you intended to kill him”.

“It’s a tragic case of what was intended as a serious assault going terribly wrong,” he said.

Declan Laverty's father Damien Crook leaving the Supreme Court in Darwin after his son's murderer Keith Kerinauia was sentenced to life with a 20 year non-parole period. Picture: Zizi Averill

Under mandatory sentencing provisions for murder, Kerinauia faced life imprisonment with a mandatory non-parole period of 20 years, however on Friday prosecutor Marty Aust revealed the crown was seeking an even longer non-parole period.

In presenting his case, Mr Aust attempted to tender a lengthy victim impact statement from Mr Laverty’s mother, Samara Laverty where she described her “significant grief and sustained nightmares”.

Ange Carey, Samara Laverty and Bridget Laverty as the jury delivered their verdict in the Declan Laverty murder trial at the Darwin Supreme Court on June 20th, 2024. Picture: Pema Tamang Pakhrin

But defence barrister Jon Tippett said “beyond an acknowledgment of loss”, the Cairns-based Ms Laverty statement should not be used as part of a push for an extended prison sentence.

Mr Tippett said to allow grieving family members to influence a harsher sentence was to “value one life as greater than another”, as it implied less weight should be given to those who died alone, without a family to mourn them.

In written submissions, Mr Tippett said a longer non-parole period would be seen as “an act of mob appeasement and not a reasoned, rational act of sentencing”.

Defence barrister Jon Tippett leaves the Supreme Court in Darwin after the jury delivered their verdict in the Keith Kerinauia murder trial. Picture: Pema Tamang Pakhrin

Mr Aust also argued the standard non-parole period failed to take into account Kerinauia‘s two other victims, as he was currently serving two years and six months for two unrelated assaults on a 22-year-old man and a 13-year-old boy.

“He is a bully. He attacks people who are innocent and going about their own day-to-day lives,” Mr Aust said.

“He was a ticking time bomb.”

The court heard until 10 months before the murder, Kerinauia had a clean criminal history.

On May 14, 2022, Kerinauia struck a 22-year-old to the face and chased him down with a group, before the victim was knocked unconscious and stabbed multiple times.

Crown prosecutor Marty Aust leaves the Supreme Court in Darwin after the jury delivered their verdict in the Keith Kerinauia murder trial. Picture: Pema Tamang Pakhrin

The court was told that an hour before he plunged a knife into Mr Laverty’s heart, Kerinauia was part of the bashing of a 13-year-old boy in Karama, calling on his friends to “get out and kill this c--t”, and punched the boy five times to the head before the child escaped.

While noting the “nasty” attacks, Justice Hiley dismissed calls to extend the mandatory minimums.

“There is nothing to be gained by increasing that 20 years non-parole period,” he said.

Justice Hiley said given the life sentence Kerinauia faced, other offending would be considered by the parole board when he eventually becomes eligible in 2043.

Justice Hiley told Kerinauia while his prospects of rehabilitation were currently “poor”, the young man had 20 years to “become a better person, and earn your role” in a free society.

“You’re still a very young man … you seem to me to be quite intelligent and capable of reforming,” he said.