Jake Lasker killer: False implications or police help?
POLICE had these text messages early into their investigation in 2012 but only charged Kyle Mitchell Dumesny with murder in May.
Co-accused Max Peter Smith made a police statement on November 28 last year, three days after his sentencing judge noted Dumesny's honesty had led to Smith's conviction.
Barrister Steve Kissick made submissions during Dumesny's bail application in Brisbane Supreme Court this week that revenge could have been the motive for turning Crown witness against Dumesny.
"This statement, from probably one of the most unreliable sources, forms the basis of charging (Dumesny)," he wrote.
"I say that with confidence as the police were in possession of telephone downloads, which showed the applicant hasn't been truthful about the extent of his conversations with Smith in the lead-up to the killing, for over two years.
"At the time of Smith's sentence the applicant was identified as the honest person who ensured that Smith was a plea of guilty by debunking the suggestion of an intruder."
The Crown argued the texts and Dumesny's presence in the house for the murder were evidence of his active participation.
"(Dumesny) was involved in the planning and preparation of the murder of a defenceless teenager who he had befriended earlier that year," the submission read.
"(He) was also prepared to help conceal the body after the murder took place, which is evidenced from the text messages and Smith's statement.
"The situation is aggravated by the fact that the applicant deleted the text messages between himself and Smith, in an apparent attempt to conceal his involvement in the horrendous crime."
Justice David Boddice agreed deleting the text messages was concerning but also he pointed out "Mr Smith might have very good reasons to want to falsely implicate (Dumesny)".
"They used (Dumesny) as a person who could provide evidence against Smith ... after Smith pleads guilty, they turn around and charge (Dumesny)," he said.
"He is in a situation where he has co-operated with the authorities to date by assisting in the investigation.
"He seems to be charged in somewhat unusual circumstances and that troubles me."
Dumesny's bail hearing was adjourned. His case will be mentioned next in Toowoomba on August 13.