Alleged killer says he had no part in Cole Miller's death
ONE of Cole Miller's alleged killers claims he is not responsible for the popular Sunshine Coast teenager's death.
However, police prosecutor Jason Beasley told a Brisbane court on Tuesday that just because Daniel Jermaine Lee Maxwell did not deliver the alleged blow that killed Mr Miller does not mean the accused man did not play a major part in his death.
Speaking during Mr Maxwell's application for bail, defence lawyer Michael Bosscher told Brisbane Magistrate Wendy Cull the case against his 21-year-old client was weak because his co-accused, Armstrong Renata, allegedly delivered the punch that eventually killed Mr Miller on January 4.
"There is no evidence at all to suggest he struck Mr Miller to the head," Mr Bosscher said.
"There is clear evidence that Mr Miller was still standing - still conscious.
"The cases against each (defendant) are distinctly separate
"The Crown case applied to the co-accused is strong, but when applied to this individual, it's virtually non-existent."
Mr Bosscher also said his client had been mis-charged.
"I'm being fairly respectful to the police officer who laid this charge by calling it weak," Mr Bosscher said.
Senior Constable Beasley told the court Mr Maxwell asked Mr Renata "Do you want to see something funny?" before challenging Mr Miller and his friend Nick Pace to a fight while they were walking through Fortitude Valley early on January 3.
"This could be argued as encouragement," Senior Constable Beasley said of Mr Maxwell's statement.
"The prosecution believes they have a strong case."
Senior Constable Beasley said Mr Maxwell then hit both men multiple times before Mr Renata allegedly hit Mr Miller on the side of the head, knocking him out.
Mr Miller died in the Royal Brisbane and Women's Hospital on January 4.
Ms Cull told Mr Maxwell he would remain behind bars until the matter returns to court on Friday.
The hearing was adjourned so police could investigate Mr Maxwell's proposed living address and the people he will be staying with.
Mr Renata, from Coombabah, has not applied for bail and his next court appearance will be February 8.
- APN NEWSDESK