Ipswich stabbing: Accused teen was on bail, Premier in open court push

A 16-year-old boy accused of the stabbing murder of an Ipswich grandmother had been on bail for multiple armed robbery offences at the time, it can be revealed.

• Editor’s view: Open court by default

A 16-year-old boy accused of the stabbing murder of an Ipswich grandmother had been on bail for multiple armed robbery offences at the time, it can be revealed.

The teen had been charged with three counts of armed robbery last year, and a court granted him bail despite police opposing it.

The revelations came as Premier Steven Miles took the extraordinary step of seeking advice on “changing magistrate behaviour” after only one of the four who presided over the hearings for five teens linked to the stabbing of the 70-year-old woman opened their courtroom.

Vyleen White was fatally stabbed in the underground carpark of her local shops the Redbank Town Centre on Saturday when her Hyundai Getz was allegedly stolen, in circumstances that have shocked the nation.

Five teens – three aged 16 and two just 15 – have been charged in relation to the incident. Four of them, including the accused killer, appeared in courts across the South East on Tuesday.

The Courier-Mail and other media outlets applied for access to the courtrooms so details of all four cases could be made public amid community anger and frustration over Ms White’s senseless death.

But just one – Richlands Magistrate Aaron Simpson – was willing to use his discretion to open his courtroom, so the details of the case against one of the 16-year-olds charged with one count of unlawful use of a motor vehicle could be reported on.

Mr Simpson explained his decision by saying: “It think it would lead to greater confidence in the judicial system to have that reported.”

Victim Vyleen White

The fact that all three magistrates who heard the other four cases – including one on Monday – had opted to keep their courtrooms closed prompted an extraordinary public intervention by Premier Steven Miles on Tuesday.

In front of a packed function room at the Brisbane Convention Centre, Mr Miles said he would speak to his Attorney-General Yvette D’Ath about “changing magistrate behaviour” to allow journalists into youth courtrooms more often so the public could be told about the proceedings.

“We haven’t considered this as a government policy, but my opinion is that where reporters can be in those courts I think magistrates should let them,” Mr Miles said. “I think at the moment magistrates are erring too much on the side of not allowing journalists in … I think they’re making the assessment too often.”

Mr Miles acknowledged domestic violence or child safety issues could and should still prevent some courtrooms from being opened, but that he would talk to Ms D’Ath about how to resolve the matter more in the spirit of the principle of open justice.

“I’m certainly happy in the first instance to talk to her about how we can change that magistrate behaviour and then if that fails, I’m certainly happy to look further as well,” he said.

In the Richlands Magistrate Court case, Magistrate Simpson said he had decided to allow media to report on the case and successful bail application of the 16-year-old because it was in the boy’s best interests that the public knew he had likely played no part in the killing.

One of the accused is arrested by police. Picture: Channel 9

Mr Simpson rejected arguments from the boy’s Legal Aid lawyer that it would be prejudicial or that reporting on the matter could identify him.

“The principle of open justice applies broadly to all courts, but is moderated by the Youth Justice Act such that an offender is not prejudiced in any way,’’ Mr Simpson said.

“I think it must be helpful for the broader community to understand that not all of them (the five co-accused) are charged with more serious offences.

“The community is alarmed – quite reasonably alarmed. If you polled the community now, the prevailing mood (likely) is that all five boys murdered that woman. It might be reassuring for the community to know that this boy has nothing to do with it – he was a passenger (in a car).”

Police prosecutor Tom Wirawan confirmed to the court that, at this stage, there was nothing to suggest the boy did anything more than get into the back seat of Ms White’s stolen Hyundai Getz.

The court heard police would allege that, after she was stabbed in front of her six-year-old granddaughter at Redbank Town Square, Ms White’s keys were taken and her car driven to a nearby McDonald’s restaurant.

Senior Constable Wirawan said police opposed bail because they believed the boy’s release posed an unacceptable risk to public safety and there was an unacceptable risk of reoffending in general.

Detective Acting Superintendent Heath McQueen addresses the media. Picture: John Gass/NCA NewsWire

He said there was also a risk of interfering with witnesses as there were suggestions that after the boy was arrested at his school, he was concerned with finding out who had “snitched’’ on him.

Constable Wirawan said one aggravating feature was suggestions the boy had associations with the Swish Bound Gorillas gang, a gang which has been linked to stabbings in the past – including multiple offences in Fortitude Valley last year.

But Mr Simpson said all police could prove at this stage was that the boy was recognised by the occupants of the car at the fast food restaurant, and had been told to get in.

Mr Simpson said the boy was from a loving family and supported in court by his mother and sister.

He was at a private school and had no criminal history in Queensland.

Mr Simpson said it was therefore in the best interests of the boy and of the public that he be released on bail, but kept occupied. He ordered the boy return to school, on condition he keep away from his co-accused who attended the same school.

He was given a date to reappear for mention in Richlands Magistrates Court. At a separate hearing on Tuesday at the Ipswich Children’s Court, the hearing for the 16-year-old male charged with Ms White’s murder was closed to the public.

Acting Magistrate Robert Turra ruled that the presence of media would be “prejudicial to the interest of the child”, who was also charged with unlawful use of motor vehicle and three counts of stealing.

He said the presence of media had the potential to “precipitate public speculation”. He acknowledged that some reporting had clearly identified the “ethnicity of the defendant”.

Attorney-General Yvette D’Ath inspects floral tributes at the scene of the stabbing with Lance McCallum. Picture: John Gass/NCA NewsWire

In the Brisbane Children’s Court, meanwhile, the details of the case against a 15-year-old boy charged with unlawful use of a motor vehicle was also closed. Among the arguments given to report on those proceedings was the strong public interest in the case and that departing from the principle of open justice should only occur in limited circumstances.

But the boy’s Legal Aid duty lawyer Rachel Cavalli opposed the application, citing her client’s fear for his own safety and “of being accused of the main offence”.

Magistrate Megan Power said she was sympathetic to the media and community’s interest in learning about the matter in detail, but the legislation “demanded’ she look only at the potential prejudice suffered by the defendant.

In Beenleigh Magistrates Court, a 16-year-old boy charged with unlawful use of a motor vehicle as well as unlicensed driving also had details of his case kept secret.

In that instance, Senior magistrate Ron Kilner cited the refusal of another application by Mr Turra in relation to a co-accused in Ipswich Magistrates Court on Monday in making his decision.

Mr Kilner said he had also been “a little alarmed” at some of the media coverage of the case which “could prejudice a fair and unbiased hearing of the matter”.

Detective Acting Superintendent Heath McQueen said he could not rule out further arrests, as “we are still combing through an extensive amount of evidence.”

Additional reporting Greg Stolz, Samantha Scott and Jonathan O’Neill

Liaison police officers at Town Square Redbank Plains. Picture: John Gass/NCA NewsWire

Originally published as Ipswich stabbing: Accused teen was on bail, Premier in open court push