Footage reveals aftermath

HARROWING body-worn camera footage was shown in Cairns Supreme Court on Wednesday, in which a police officer begged a prone 35-yearold Nathaniel Wailu to squeeze their hand and “stay with me”.

On day two of Kyam Keith Broadby’s murder trial, a first responder to the alleged assault described what he saw when he arrived at Kerribee Park late in the night of July 10, 2019.

Mr Broadby pleaded not guilty to Mr Wailu’s murder at the start of the trial on Tuesday.

“I saw the victim laying on his left side, he had obviously been assaulted,” Senior Constable Justin Staples told the court.

“He was breathing, and didn’t look in a very good condition … Struggling is how I would describe it. He had blood on face, blood on the back of his head,” he said.

The trial previously heard Mr Wailu had sustained fractures to his neck, and he later died in hospital.

The footage played to the court on Wednesday showed an officer standing over Mr Wailu.

“He copped it … come on, keep breathing,” one officer said.

They called an ambulance after he apparently stopped breathing.

Sen Const Staples testified that he went to Kerribee Park at 11.30pm and as he did, he saw an older BMW sedan arriving.

Senior Constable Joshua Downing of Mareeba Police testified that he and his partner were also called to the showgrounds after 11pm for a reported assault.

They spoke to a woman there named Elizabeth Marshall, who had swelling and bruising to her right eye.

He told the court she “directed” him to Mr Wailu.

Under questioning by the police Wailu’s responses were inaudible and Sen Const Downing said he was softly spoken and intoxicated, but that he was calm and not aggressive. The police left but shortly afterwards a further incident was reported.

They did not see Wailu immediately on their return.

Snr Const Dowling said he was told a hammer had allegedly been used on someone earlier in the evening, and he seized an orange hammer.

He and his partner then attended to Mr Wailu who by that stage was on the ground.

Mr Broadby’s then-girlfriend, Dekoda Freda BellPickett, testified that she drove a group of others including Mr Broadby down to Cairns in Broadby’s BMW around 7pm or 8pm.

She was the only one who had not been drinking.

When they returned to the showgrounds, she immediately saw Ms Marshall, who had been drinking and was angry.

Ms Bell-Pickett told the court Ms Marshall told her Nathaniel Wailu had caused her black eye.

The trial before Justice Susan Brown will resume on Thursday.