The Gold Coast Bulletin

Trio jailed over killing

- ALEXANDRIA UTTING alexandria.utting@news.com.au

THE bikie who killed Max Waller outside a Broadbeach apartment complex has been sentenced to more than nine years behind bars.

Waller, 28, died outside the Carmel by the Sea building 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.

Profession­al martial arts fighter, Mortimer, 30, was yes- terday sentenced by the Brisbane Supreme Court to nine years and six months’ jail.

He will be eligible for parole after four years and six months have been served. Mortimer has been in pre-sentence custody for more than two years.

Justice Susan Brown found Mortimer took a steak knife from a friend’s apartment before going with Yates-Taui and Smith to the scene of the fight.

Yates-Taui was sentenced to seven years and six months’ jail and will be eligible for parole after serving two years and three months of the sentence.

He has already spent 563 days on remand.

Smith was sentenced to eight years’ jail for the manslaught­er of Mr Waller but will be eligible for parole after four years have been served.

He was also sentenced to 12 months jail for possessing and traffickin­g dangerous drugs.

Smith was ordered to serve the drug sentence cumulative­ly. The 24-year-old has served almost four years on remand.

Defence lawyer for Mortimer and Yates-Taui, Michael Gatenby, said the men were “deeply remorseful”.

“Each of them have expressed throughout the whole matter that they are deeply remorseful,” he said.

“The (judge) found that all of them were intoxicate­d at the time and it just demonstrat­es the danger of young people being intoxicate­d and having access to weapons.

“It’s a real danger, the combinatio­n of youth, testostero­ne and weapons and the consequenc­es are really significan­t.”

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