Trio ‘acted as a pack’ during fatal stabbing, jury told

Rex Martinich |

A Brisbane jury will resume deliberations on Monday on whether three men are guilty of murder.
A Brisbane jury will resume deliberations on Monday on whether three men are guilty of murder.

A trio accused of a stabbing murder will have to wait over the weekend for a verdict after a jury was unable to reach a decision.

The Brisbane Supreme Court jury members retired on Friday to consider their verdict for about an hour before Justice Ann Lyons ordered them to take a break and reconvene on Monday.

The three defendants turned toward their supporters in the public gallery and waved, blew kisses and touched their chests above their hearts before being led from the court.

Jye Sebastian Webb-Italia, 22, pleaded not guilty last week in the court to the murder of Raymond Harris at Surfers Paradise on September 23, 2020.

The 27-year-old father died from Webb-Italia stabbing him in the stomach when one group of men charged at another group on the footpath outside a pub in a tourist precinct about 9pm.

Webb-Italia pleaded guilty to the alternative charge of manslaughter, which the prosecution did not accept.

Webb-Italia’s brother Kyle Jack Webb, as well as Jarod James Miller, have pleaded not guilty to murder by aiding to kill Mr Harris.

Justice Lyons reminded jurors before their weekend break not to discuss the case with anyone else or perform independent research.

Queensland has not held juries in sequester since 2008 when state laws around trials were amended.

In her closing address on Thursday, crown prosecutor Elizabeth Kelso said none of Webb-Italia’s group had shown surprise or hesitation when he stabbed Mr Harris.

“They acted effectively as a pack … pulling out knives almost simultaneously from their clothing,” Ms Kelso said.

The jury was shown footage from several security cameras that captured the stabbing amid people visiting a nearby convenience store and ice cream parlour.

The jury earlier heard Mr Harris had accused Webb of associating with a man known only as “Chaos”, who had repeatedly robbed Mr Harris and his friends.

Ms Kelso said Webb-Italia and Miller took large knives with them to confront Mr Harris, who was unarmed.  

“The very first thing (Webb-Italia) does is plunge a knife into his stomach,” she said.

Webb-Italia’s barrister John Kimmins told jurors they must be certain his client intended to kill or cause grievous bodily harm.

Mr Kimmins showed the jury a police mugshot of Webb-Italia taken a few hours after the stabbing.

“A picture paints a thousand words. He is completely and utterly wasted,” Mr Kimmins said.

Mr Kimmins said Webb-Italia’s intoxication on cannabis, methamphetamine and benzodiazepine pills was relevant to his ability to form intent.

Webb’s barrister Simon Lewis and Miller’s barrister Andrew Hoare said there was evidence disproving their clients had prior knowledge of, or participation in, any plan to kill Mr Harris.

Zaynn Stevannes Bekker had pleaded not guilty to being an accessory after the fact to murder but Justice Lyons last week ordered he face a separate trial at a later date.

AAP