Alleged one punch killer denied bail

The Courier Mail

Lanuary 28,2016

ONE of two men charged over the alleged one-punch death of Cole Miller has been denied bail after the court was told if he had acted differently, the teenager may still be alive today.

Daniel Maxwell, 21, is charged with one count of unlawful striking causing the death of 18-year-old Mr Miller earlier this month.

While his high-profile lawyer, Michael Bosscher, argued the case against him was weak as he did not throw the fatal punch, the prosecution said Mr Miller could still be alive today if Maxwell did not instigate the assault.

Daniel Maxwell (middle yellow singlet) has been charged in relation to the death of Cole Miller in Fortitude Valley.

“If the defendant did not act the way he did... there would have been no unlawful striking causing death,” prosecutor acting Senior Sergeant Sean Franklin said.

The court was told Mr Maxwell threw the first punch after saying to his friends: “Do you want to see something funny”.

After that another man, Armstrong Renata, allegedly struck the fatal blow on Mr Miller.

Mr Bosscher said the prosecution could not prove that Maxwell knew what Renata was about to do.

A number of fresh witness statements were tendered to the court, including an account given to police by Mr Miller’s best friend, Nick Pace.

The court was told Mr Pace told the group of men he and Mr Miller were “not looking for trouble, stop”.

Magistrate Wendy Cull denied bail.