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Accused killer allegedly bragged about bashing Cassius Turvey with metal pole, court told

By Rebecca Peppiatt
Updated

Murder-accused Jack Brearley allegedly bragged about bashing 15-year-old schoolboy Cassius Turvey with the metal handle of a shopping trolley, a Perth court has heard.

Brearley, 23, his girlfriend Aleesha Gilmore, 23, Mitchell Forth, 26, and Brodie Palmer, 29, are accused of killing the Indigenous teenager, who was attacked while walking home from school in Middle Swan in 2022.

Cassius Turvey was 15 when he died. His family gave permission for his photo to be used.

Cassius Turvey was 15 when he died. His family gave permission for his photo to be used.

A fifth person, Ethan Mackenzie, 20, is also on trial, accused of detaining and wounding another 15-year-old boy in the days before Cassius was attacked. He is not accused of murdering Cassius.

During the first day of their Supreme Court trial on Monday, prosecutor Ben Stanwix told the jury Cassius’ death was “the end point of a complex series of events that had absolutely nothing to do with him”.

“The story of how he came to be murdered is remarkable,” Stanwix said, before alleging Cassius died as a result of “petty grievances he had nothing to do with.”

Cassius was allegedly bashed on October 13, 2022 after he was chased along with other school children through a reserve.

He suffered bleeding on the brain and succumbed to his injuries 10 days later, sparking national outcry and multiple candlelit vigils in his honour.

Stanwix told the jury the events that led to Cassius’ death began days earlier with rivalry between two teenage boys over a girl, calling it a “love triangle”.

One of the boys involved was Cody Gilmore, Aleesha Gilmore’s younger brother, Stanwix said.

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The rivalry led to tension and “exchanges” on social media about a fight.

“Cody became fearful that he was going to be ‘mobbed’,” Stanwix told the jury, leading him to enlist the help of his big sister.

Cassius’ death sparked a national outrcy.

Cassius’ death sparked a national outrcy.

Stanwix said that on October 9, four days before Cassius’ death, Aleesha Gilmore drove around Swan View and Middle Swan in Perth’s north-east looking for the boys who allegedly wanted to fight her brother.

In the car was her boyfriend Brearley, and his friends Forth and Mackenzie.

“There were many other children around the same age out on the same day who had nothing to do with trying to mob Cody,” Stanwix said.

A 14-year-old walking in the area was approached by the group and allegedly told to get into the car and threatened with a large knife held by Mackenzie.

Later, Stanwix said, the group found the girl at the centre of the argument and asked them where the boys involved were and were directed down the road.

“[The girls] were told if they were lying they would get their heads punched in,” Stanwix told the jury.

The group followed the girls’ directions and came across a 15-year-old boy who allegedly knew nothing of Cody Gilmore, nor a disagreement over a girl.

Aleesha Gilmore pulled up next to him on the street and Brearley, Forth and Mackenzie allegedly chased him on foot, over fences and through properties until they pinned him down on a driveway in front of the home’s 62-year-old owner and attacked him, Stanwix told the jury.

Cassius Turvey died after a violent attack. This photo is published with permission of the family.

Cassius Turvey died after a violent attack. This photo is published with permission of the family.Credit: Facebook

Stanwix said the boy was also stabbed in the side with the tip of a knife allegedly held by Mackenzie.

CCTV footage of the alleged assault was played to the jury on Monday, where Forth can allegedly be heard yelling, “don’t you run c---, we’ll f--- you up”.

The group later bundled the 15-year-old into Gilmore’s car before they realised they had the wrong person.

They allegedly then took him back to Gilmore’s house where they gave him shoes and a Nintendo Switch by way of apology before letting him go.

That series of events were what Stanwix called “chapter one” of a three-part story that led to Cassius’ death.

Stanwix told the jury a group of school-aged children allegedly went to Gilmore and Brearley’s Middle Swan home “in retaliation” on October 12 with their faces covered, carrying weapons, and smashed the windows of her car.

This led to what Stanwix called “a tit-for-tat escalation of conflict” and an alleged plan to hold those responsible to account.

“Somebody smashed my car, they’re about to die,” Brearley is alleged to have said.

Armed with knuckle dusters and the handles from three abandoned trolleys, they allegedly set out looking for revenge.

Meanwhile, a group of 19 Swan View Senior High School students – including Cassius – were heading to Middle Swan to watch a fight that had been arranged on Snapchat.

Brearley and his three co-accused came across them as they were driving around the area, pulled up, and gave chase.

Stanwix said most of the children ran across a grassy area towards a creek, but one boy stood up to Brearley and allegedly stabbed him with a knife.

Undeterred, Brearley allegedly continued running after the group.

“Cassius was one of the kids in the bush trying to get through and escape to the car park,” Stanwix said.

“Cassius didn’t make it as far as the fence when Jack Brearley caught up with him. He was armed with the metal pole and used it to strike Cassius Turvey to the head.”

Stanwix said Cassius was bashed at least twice, with the blows splitting his right ear in half and leaving him with a long laceration to the forehead.

Later, while in hospital getting treated for his injuries, Brearley allegedly bragged about the assault to his girlfriend’s mother, telling her he was “smacking” Cassius with the trolley pole, and “he learned his lesson”.

He also allegedly mocked Cassius, putting on a high-pitched voice and saying, “Don’t hurt me”.

A video was also shown to the jury allegedly of the accused in a video chanting, “we got them all brother”.

Stanwix said the four accused went on to lie about the incident to police, with Brearley allegedly also cutting his hair to avoid being identified on CCTV footage.

The trial continues. It is expected to last two months and will hear evidence from almost 90 witnesses.

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Original URL: https://www.theage.com.au/link/follow-20170101-p5layl