Evidence doesn’t stack up: lawyers

A BARRISTER representing Dean Webber claimed his client was not fit to give evidence at the Alva Beach inquest, but lawyers representing the victims say the 21-year-old needs to be cross-examined as his evidence doesn’t stack up.

Lawyer of Mr Webber, Harvey Walters submitted an application to Deputy State Coroner Jane Bentley at Cairns Magistrates Court on the first day of the inquest yesterday, stating a doctor had diagnosed Mr Webber with PTSD as a direct result of the coronal investigation, and asked he be excused from taking the stand.

Mr Webber stabbed Thomas Davy, 27, and Corey Christensen, 37, on October 1, 2018 after they entered his home looking for Candice Locke.

Mr Walters said the doctor’s statement showed Mr Webber had a “moderate to severe” diagnosis of PTSD, and Mr Webber became highly emotional while recounting specific events that happened.

The doctor’s report also stated that it took Mr Webber “days to recover” from reliving the incident.

“I ask the court exercise its discretion not to order him to do that …” Mr Walters said.

Lawyer for Tom Davy’s family Chris Minnery said traumatised witnesses gave evidence at court all the time, and said the court should reject the application.

“He might well be traumatised, but the difference is that quite a number of other people are as well,” he said.

Mr Minnery said it would be extreme for the person who “caused both deaths” to not be cross-examined at the inquest.

“What he says about the … weapon appears to be inconsistent,” he said.

“There is no forensic evidence stating Mr Christensen was inside the home at all.

“There is inconsistencies

Dean Webber.

between what he blood and DNA throughout.”

Mr Minnery said it was also unfair to the Davy family if Mr Webber didn’t give evidence.

James Godbolt, lawyer representing the Christensen family, said he strongly opposed the application, stating there was flaws in Mr Webber’s accounts and the evidence.

“There is no forensic evidence at all that places Corey Christensen inside the house at any time … that is in circumstances where he has sustained a fatal stab wound … a wound that was to a depth of 70mm, and a wound that penetrated the right ventricle of his heart.”

Mr Godbolt said one doctor’s report was not enough to dismiss Mr Webber from taking the stand, saying that he has never had any treatment for PTSD and has never been on medication.

“Only he … can talk of what took place before the critical moment,” Mr Godbolt said.

Mr Walters said Mr Webber had seven counselling sessions after the incident.

Lawyers for both Queensland Police Service and Queensland Ambulance Service did not have a position on the application.

Candice Locke’s lawyer did not wish to be heard.

Ms Bentley asked to hear from Mr Webber’s doctor to hear about what strategies could be put in place so Mr Webber could give evidence without taking a toll on his mental health.

Ms Bentley said there are some questions that could only be answered by Mr Webber.

She suggested that his time in the stand be short.

Mr Walters will follow up with the doctor before Ms Bentley makes a decision on whether Mr Webber will take the stand. says and evidence

I ASK THE COURT EXERCISE ITS DISCRETION NOT TO ORDER HIM TO DO THAT

HARVEY WALTERS