Man accused of brother's murder released on bail
A ROMA man accused of killing his brother during a heated argument days before Christmas has been released on bail ahead of his pending murder trial.
Troy Angus Kearns, 30, is accused of murdering his brother, Wade Michael Kearns, 33, at their parents' Chrystal St home on December 18 last year following an argument over missing money.
High-profile defence barrister Angelo Vasta told the Brisbane Supreme Court on Tuesday that it was ultimately up to a jury to make a decision, but the murder charge against his client was "not particularly strong".
"Nonetheless there has been an unlawful killing and it will be up to the jury to determine whether they believe it was murder," he said.
Crown prosecutor William Slack said Mr Kearns posed an unacceptable risk of reoffending and interfering with witnesses if released.
He said there was nothing in the police brief of evidence that suggested self-defence or provocation.
That was rejected by Justice Peter Flanagan, who said it was too early to determine whether self-defence or provocation had played a part in the alleged murder.
He said what occurred was a tragic set of circumstances for everyone involved.
"Two brothers got into an argument and one armed himself with a kitchen knife," he said.
"When he stabbed his brother he realised straight away things had gone too far and called the police and ambulance.
"Ultimately his brother died in his arms and there are statements from witnesses saying they were professing their love for each other when the older brother passed away.
"This is a tragic outcome and he will have to live with the fact he killed his brother for the rest of his life."
Justice Flanagan said he was satisfied strict bail conditions, including attending a full-time drug and alcohol clinic in Brisbane, would alleviate the Crown's concerns.
He further ordered that Mr Kearns live with his parents and undergo random drug testing when his three-month stay at the clinic ended.
The trial is expected to be listed to get under way early next year in the Roma Supreme Court.
- APN NEWSDESK.