Cole Miller death: lawyer says case against co-accused Daniel Maxwell is weak

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Cole Miller death: lawyer says case against co-accused Daniel Maxwell is weak

By Kim Stephens
Updated

The case against one of the two men charged over the one-punch death of Cole Miller is weak, his defence lawyer has argued, because the defendant did not deliver the alleged fatal blow to the teenager.

Daniel Maxwell, 21, applied for bail in Brisbane Magistrates Court on Tuesday, just more than two weeks after he allegedly started the fight that claimed the young water polo player's life.

The court heard in the early hours of January 3, Mr Maxwell challenged Mr Miller and his friend Nick Pace to a fight, after asking three men he was with, "Do you want to see something funny?"

He is alleged to have punched them both multiple times when they did not respond to him.

Cole Miller died after a one-punch attack in Brisbane's Fortitude Valley on January 3, 2016.

Cole Miller died after a one-punch attack in Brisbane's Fortitude Valley on January 3, 2016.

But it was the 21-year-old's co-accused, Armstrong Renata who is alleged to have delivered the single punch to the side of Mr Miller's head that knocked him into a state of unconsciousness from which he never woke.

The 18-year-old died of massive head injuries in Royal Brisbane and Women's Hospital the day after the alleged attack.

Mr Maxwell applied for bail in the Brisbane Magistrates Court on Tuesday morning, where his defence lawyer Michael Bosscher argued he had been mis-charged with unlawful striking causing death, an offence that carries a maximum sentence of life imprisonment.

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He said while the case against Mr Renata causing Mr Miller's death was strong, the case against Mr Maxwell was far weaker.

BRISBANE, AUSTRALIA - JANUARY 13:  The funeral for coward punch victim Cole Miller on January 13, 2016 in Brisbane, Australia.  (Photo by Chris Hyde/Fairfax Media)

BRISBANE, AUSTRALIA - JANUARY 13: The funeral for coward punch victim Cole Miller on January 13, 2016 in Brisbane, Australia. (Photo by Chris Hyde/Fairfax Media)Credit: Chris Hyde

"The cases against each are distinctly separate - the Crown case applied to the co-accused is strong, but when applied to this individual, it's virtually non-existent," Mr Maxwell said.

"This is a highly emotive matter, it has captured public attention.

Wally Lewis speaks at the public memorial for Mr Miller, a week after the young man died.

Wally Lewis speaks at the public memorial for Mr Miller, a week after the young man died.Credit: Kim Stephens

"But when you apply the facts of the matter, it is an overwhelming and completing case for granting bail."

The powerfully built Mr Maxwell sat barefoot in the court dock, clasping his hands in front of him while he stared at the floor.

Mr Bosscher said his client had no criminal history and would return to Melbourne, where he had lived for the past four years, if bail was granted.

Mr Maxwell and Mr Renata have both been charged with unlawful striking causing death, a charge introduced by the Newman Government to specifically target one-punch deaths.

The pair are just the third and fourth people in Queensland to be charged with the new offence, which mirrors manslaughter but removes the accident defence.

Mr Miller, a Queensland Academy of Sport-sponsored water polo player, had been out in Brisbane during a break in training.

He was due to travel to Adelaide to compete in a national tournament four days after the alleged attack.

Mr Maxwell and Mr Renata were part of a group that was out in the Fortitude Valley nightclub precinct celebrating Mr Maxwell's 21st birthday.

Magistrate Wendy Cull adjourned the hearing until 2.15pm.

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