Kyam Keith Broadby, 26, pleads not guilty to one count of murder in Cairns Supreme Court

A man allegedly murdered at a Far North Qld show is said to have swung a hammer towards the Tasmanian murder-accused’s “woman” the same night as his death, a court has heard.

A man allegedly murdered at the Mareeba show is said to have swung a hammer towards the murder-accused’s “woman” the same night as his death, a court has heard.

Tasmanian man Kyam Keith Broadby, 26 pleaded not guilty to the 2019 murder of 35-year-old Nathaniel Wailu in the Cairns Supreme Court on Tuesday.

Crown prosecutor Nathan Crane in his opening address detailed the five types of evidence the jurors would hear over the course of the five to seven day trial.

Mr Crane said the court would hear from show workers, caravan campers, medical evidence, and of what happened after.

Mr Broadby and Mr Wailu worked together at the Mareeba Show setting up rides for Tasman Pickett Amusements, and Mr Crane said that on the night of the alleged murder they had a party and “Mr Wailu became more drunk, more obnoxious and more violent”.

Former Tasmanian man Kyam Keith Broadby has been charged with murder. Picture: Facebook

“At one point, Elizabeth Marshall (a witness and showworker) walked to him. Without saying anything you will hear he headbutted her, seemingly without provocation. At that point, she felt immediate pain,” he said.
“The general exchanges from the witnesses you would hear is they would try and calm him down but that might’ve antagonised him further.”

Mr Crane said police were called and after they left Mr Wailu got aggressive and swung a hammer at various people, including witness Dekoda Freda Bell-Pickett, who had some romantic connection with Mr Broadby.

Mr Crane said a retired camper Mr Kenneth Dunn would detail what he heard on the night.

“The last voice he heard was a prior physical pain like someone was struggling to speak, which might be in reference to Mr Wailu first running and being assaulted,” he said.

The court heard other witnesses would detail someone with an Australian accent say: “keep your hands off my woman”.

“There’s a factual connection the crown says in terms of that line with what had happened earlier,” Mr Crane said.

The court heard Mr Wailu sustained fractures to the neck when he was found outside a caravan.

Ayr show worker Nathaniel Wailu died in hospital six days after an alleged assault in Mareeba. Picture: Facebook

“When police found him there they could see he had a bloody face, bloody nose, and it seemed like there was blood coming from his mouth,” he said.

“There was force applied to Mr Wailu but you are going to see there were no witnesses who could see it.”

The court heard, bloods were taken from Mr Wailu when he entered the hospital.

“In road terms he registered 0.212,” he said.

“Over four times the legal driving limit.”

Mr Crane said the court would hear of a confession to the woman Mr Broadby was seeing after the incident, Nadia Gallo.

“He told Ms Gallo … (he) had thrown Mr Wailu to the ground.

“A number of them held him down but he got free, he said it was so dark they needed torches to find where Mr Wailu was. They found him.

“Mr Broadby told Ms Gallo they began assaulting him.”

Mr Crane said the court would hear Mr Broadby tried to distance himself after the event by shaving his head.

Defence barrister Martin Longhurst told the jury it was not in dispute Mr Wailu threatened people with a hammer, or that he displayed violent behaviour.

It also wasn’t in dispute Mr Wailu was assaulted, he said.

Mr Longhurst said the matters that were in dispute were who did what, and who was there.

“What were the intentions of the parties?” he said.

“I’m not going to give you submissions but focus perhaps on what are the relationships between the parties, what is said and done before, during, and after the event.”

Mr Longhurst said what was in dispute was the interpretation of what people do when they are scared and in panic.

“The issue will be how reliable that version given by Nadia Gallo is,” he said.

“Does it change over time. Does it change or modify with respect when she speaks to police and what she speaks about.”

Mr Longhurst said he would look at the threat Mr Wailu posed on that night; when it started and when it stopped.

The trial will go before Justice Susan Brown and will resume on Wednesday.

Originally published as Kyam Keith Broadby, 26, pleads not guilty to one count of murder in Cairns Supreme Court