Questions raised over teen's involvement in stabbing case
A SUPREME court justice has questioned whether Max Peter Smith could have falsely implicated a second teen in the stabbing death of Toowoomba teenager Jake Lasker.
Justice David Boddice queried Smith's motives in implicating Kyle Mitchell Dumesny while considering a bail application in Brisbane Supreme Court.
Mr Lasker, who believed Smith was his best friend, was stabbed 102 times with a knife in his family home in Rockville on November 7, 2012.
Smith is serving a life sentence after pleading guilty in November last year to murdering Mr Lasker.
Dumesny, aged 19 from Wilsonton, was charged in May this year after Smith made a statement about his involvement, even though police had a text message conversation that could implicate him much earlier.
Justice Boddice said the fact police did not use the text conversation earlier did not "suggest a terribly strong case" except for Smith's statement against him.
He said the statement came after the sentencing judge in Smith's case spoke about the importance of Mr Dumesny's evidence in Smith being convicted.
"Mr Smith is in a position where, while he doesn't benefit in the sense of a different sentence, Mr Smith might have very good reasons to want to falsely implicate (Dumesny)," he said.
Smith has never suggested Mr Dumesny was in the room for the stabbing, but that he was in the house when it occurred.
Justice Boddice questioned Mr Dumesny's encouragement for Smith to commit the crime in the earlier text message conversation but said was troubled him greatly was that Mr Dumesny deleted those text messages.
The Crown says that was to try and hide his level of involvement.
Barrister Steve Kissick said his client did not believe there was any truth in Smith's assertions he would hurt Mr Lasker.
"He did engage in text messages but he never believed (Smith) would follow through," he said.
Justice Boddice also said he was concerned that police had used Mr Dumesny as a Crown witness and then charged him after he co-operated.
But he was not satisfied he should grant bail to the teen when his family could not offer a surety and the risk of fleeing his murder charge was too great.
He agreed to an adjournment until after a committal hearing, suggesting a bail application could be stronger if the Crown case was proven weak.
The case will next be mentioned in Toowoomba on August 13.
- APN NEWSDESK