The trial was restarted in the Brisbane Supreme Court on Tuesday as a judge-alone matter after the jury was discharged last week over concerns that one or more members could have been racially prejudiced against the dozen defendants, who are all of African background.
Justice Lincoln Crowley on Thursday was handed a note from the jury that said more than one member was concerned for their safety after seeing men who might have been the defendants in the Brisbane CBD during a break in the trial.
Yohana Wal Wal will challenge mobile phone evidence placing him at the park, his barrister said. (Jono Searle/AAP PHOTOS)
The 12 defendants on Tuesday pleaded not guilty to the murder of Girum Mekonnen.
The 19-year-old died near a soccer club's playing fields at a park in the north Brisbane suburb of Zillmere at 5pm on September 13, 2020.
All defendants also pleaded not guilty to 10 other charges of causing grievous bodily harm with intent, unlawful wounding with bats or bladed weapons, and assault causing bodily harm against 10 alleged victims.
The defendants are Kresto Wal Wal, 28, Gabreal Wal Wal, 31, Santo Wall, 36, Yohana Wal Wal, 23, Joseph Lokolong, 28, Majok Riel Majok, 23, Alex Edward Deng, 22, Chan Kuchmol Kon, 28, Abraham Ajang Yaak, 30, Ben Abio, 23, Juma Makuol Deng Makuol, 27, and Malat Akoi Makuach, 25.
Crown prosecutor Nathan Crane said Mr Mekonnen bled to death from a 25-centimetre stab wound to his abdomen allegedly inflicted when the defendants surrounded a group of people sitting outside a demountable building and produced weapons.
Mr Crane told Justice Crowley the defendants travelled to the park in a convoy of vehicles from Ipswich, 40km away.
"The (defendants) went there to perpetuate serious violence … It was deliberate. There was no withdrawal," Mr Crane said.
He said there were text messages to suggest the group had a common criminal purpose to get retaliation for the bashing of the brother of four of the defendants.
Barrister Scott Lynch, acting for Kresto Wal Wal, said it was not an issue at trial that his client was at the park on that particular day.
"It is an issue whether he was an actor who caused a particular injury or aided in the stab wound to the deceased," Mr Lynch said.
Jeffrey Hunter, acting for Gabreal Wal Wal, also said there was no dispute his client was at the park but there were problems with testimony given by witnesses at previous hearings.
Alex Edward Deng's barrister Anna Cappellano said she would not dispute that her client was at the park.
Yohana Wal Wal's barrister Christopher Wilson said he would challenge mobile phone evidence that claimed his client was at the park and participated in the attack.
Barrister for the other defendants declined to make opening statements.
The trial is due to run for five weeks.
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