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The Canberra Times
The Canberra Times
National
Blake Foden

Teen boy accused of skatepark murder found not guilty

A crime scene established by police in September 2020, after the fatal fight. Picture: Sitthixay Ditthavong

The boy accused of a Canberra skatepark murder has been acquitted, but he remains behind bars for knifing the deceased teenager's cousin during a deadly brawl.

The ACT Supreme Court was almost silent on Friday afternoon as a jury forewoman declared the 17-year-old not guilty of murder, leaving unanswered questions about who was responsible for the death.

The boy, aged 15 when the fatal fight occurred at the Weston Creek skatepark, was alleged to have killed an 18-year-old man by stabbing him six times.

He denied committing the September 2020 murder, for which defence barrister David Barrow claimed an "out of control" adult might be to blame.

Mr Barrow described this drunk and drug-affected brawler, aged in his mid-20s at the time in question, as "a shameless liar" during closing submissions to the jury on Tuesday.

The boy who stood trial admitted to having recklessly inflicted grievous bodily harm on the deceased's 16-year-old cousin.

He stabbed that boy once in the back amidst the two-minute melee, which Crown prosecutor Rebecca Christensen SC described at the start of his five-week trial as being "quick and confused".

The fight, involving 12 mostly underage people, erupted when three carloads of participants converged on the skatepark in response to a Snapchat argument, details of which have been suppressed by Chief Justice Lucy McCallum.

None of the people involved can be named for legal reasons.

Ms Christensen's case at trial hinged on circumstantial evidence, seeing as nobody present for the fight told the court they had witnessed the murder.

The prosecutor argued the accused was the only person who took a knife capable of inflicting the cousins' injuries to the skatepark.

She also highlighted the discovery of both cousins' blood inside the boy's pants, saying the pattern in which it had been deposited suggested the accused had put a knife in his waistband after stabbing each victim.

But the accused denied going anywhere near the area the deceased had been, telling the court he had only stabbed the younger cousin to protect a friend after finding a knife on the ground mid-brawl.

After more than a month listening to evidence, submissions and Chief Justice McCallum's summary of the case, the jury of 12 retired to deliberate just after 3pm on Wednesday.

A little less than 48 hours later, the accused boy, wearing a grey jumper, did not show any visible signs of emotion as the jury's verdict was pronounced.

His father sat in front of the dock to support him throughout the trial, and he nodded to his mother and aunt, who were in the public gallery, as prison guards led him back to the court cells.

Mr Barrow, who later hugged the boy's parents in a corridor outside the courtroom, indicated the 17-year-old wished to apply for bail.

The defence barrister, instructed by solicitors from Hugo Law Group, told the court such an application would probably be made next week.

Chief Justice McCallum listed the boy's sentence hearing, for the grievous bodily harm offence, to occur on July 29.

She also commended Ms Christensen and Mr Barrow for the "impeccable" way in which they had conducted what was "a very hurtful trial for all of the families and witnesses involved".

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