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A teenager accused of being part of a group that “targeted” a surviving 17-year-old should be denied bail, a Brisbane court has said.
The Lasender Sheriff is one of ten people between the ages of 15 and 19 who have been convicted of alleged assault on a teenager who died on January 1.
The victim was seriously injured and is still in an intensive care unit just under two weeks later, acting judge Rowan Silva said on Tuesday.
Prosecutor Lauren Archer said there was no way of knowing whether the victim’s condition would improve or worsen.
“He’s pretty upset,” he added.
He does not obey orders. There is no significant neurological recovery at this stage. ”
Police said it was “an attack on the victim,” Ms Archer said on sheriff’s bail, who turned 18 six days before the incident.
“They received a video clip of the attack on the victim, in which he was kicked twice in the head while he was already unconscious and bleeding,” he added.
“There is audio from the elevators showing the party group.”
Ms Archer said groups like the one the sheriff attended “put people’s lives in danger”.
“This herd mentality cannot be tolerated by the courts,” he added.
The sheriff is in contact with “dangerous groups” and there is an unacceptable risk that he could relapse, compromise the safety of the community, interrupt witnesses or possibly fail to appear in court, Archer said.
He also faces separate intentional damage charges for allegedly smashing a windshield while getting into a car in Brisbane’s Fortitude Valley on August 23, the day after his 18th birthday.
But defense attorney Ashkan Tai said concerns about gang activity were only “a police officer’s opinion.”
“If (the prosecution) intends to aid an aggravating circumstance by being part of a gang, they should blame him accordingly.”
“They have the power to prosecute serious organized crime… and they don’t.”
The sheriff’s instruction to Mr. Tai was that “something started” in the house after the girls invited the group and allowed him to enter.
There may be evidence of grievous bodily harm, but prosecutors “simply have no evidence of attempted murder,” Tai told Silva.
He argued that the bailiff could be released under strict bail conditions, such as a curfew, a ban on staying in certain suburbs of Brisbane and the use of a tracker.
Mr Tai said that after being detained for a while, the sheriff realized he was playing at “level A” and knew where he would go if he breached any bond.
He told the sheriff, whose mother left Liberia in 2003, that he was young and had completed his senior year.
Sir. Silva postponed the filing request until Wednesday.
The sheriff and 19-year-old Dut Acot were the only two adults charged with the alleged assault.
The others had to face the juvenile court, to which the media denied access.
The Acot case will be prosecuted in Brisbane Magistrates’ Court on September 27.