JAIL TIME KNIFE EDGE
Exclusive: Cops say bikie took steak blade to killing
THE jail sentence for the bikie who killed Max Waller hinges today on whether he took a steak knife to the fight. Waller suffered six stab wounds and died in Broadbeach in June 2013.
Professional martial arts fighter Benjamin Mortimer is one of three men to have pleaded guilty to manslaughter.
For the first time, it is alleged the Finks bikie took a knife from a friend’s unit and killed Waller. Mortimer’s defence rejects the claim.
THE jail sentence for the bikie who killed Max Waller hinges on whether a Supreme Court justice today believes he took a steak knife to the fight or wrestled it off the 28-year-old before stabbing him to death.
Waller died outside the Broadbeach apartment complex Carmel by the Sea on June 23, 2013.
He suffered six stab wounds to his chest and arms. The fatal wound, which punctured a lung, measured 11cm.
Three men – Finks bikies Wade Yates-Taui, 25, and Benjamin Thomas Mortimer, 30, and non-bikie co-accused Cohen Andrew Smith, 24 – were originally charged with Waller’s murder, but pleaded guilty in May to manslaughter. Their contested sentencing hearing began yesterday.
The Gold Coast Bulletin can reveal professional martial arts fighter Mortimer is alleged to have taken a steak knife from a friend’s apartment before going with YatesTaui and Smith to the scene of the fight.
Crown prosecutor Sarah Farden told the court Mortimer was the principle offender in the attack, bringing a knife to a fight organised by he and Smith.
The same apartment was swept by police six months later when detectives found a blade missing from the knife block.
The court yesterday heard the pathologist found “moderate force” was used to inflict the stab wounds on Waller and the steak knife missing from the apartment was “consistent with having been used to inflict these wounds”.
However, Mortimer’s defence barrister Tony Kimmins told the court it was Waller who brought the knife to the scene.
“There had been no audit done from when the knife went missing and there had been a number of other people in the unit.
“My client did not take the knife to the meeting. In fact, it was the deceased who produced the knife. My client knocked it out of his hands ... the deceased produced what he thought was a gun, which was in fact a Taser.
“The plea of guilty is on the basis ... the injuries he (Waller) suffered were excessive in the circumstances.”
Ms Farden said Yates-Taui and Mortimer knew Waller through the “Gold Coast social, drug and also motorcycle club scene”.
Smith met him in jail. Waller was wearing Bandidos club clothing at the time of his death but police say he was not a member of any club.
Angus Edwards, who acts for Smith, told the court his client had been in custody for more than four years awaiting sentence.
He said Smith had pleaded guilty to manslaughter on the basis he was part of the plan to assault Waller.
The court heard he stayed in the car with Yates-Taui while Mortimer confronted Waller.
“He didn’t go to the scene where the deceased was stabbed. He wasn’t aware anyone was armed. There is no evidence at all Mr Smith knew anyone is going to be armed,” Mr Edwards said.
The contested sentencing hearing continues today.
Submissions have not yet been made on Yates-Taui’s behalf.