Two women accused of mowing down a police officer in an allegedly stolen car face a delay to their case after a key witness claimed he had “serious concerns” for his safety.
Skye Anne Wallis and Kari O’Brien are both charged with the murder of Queensland Police Senior Constable David Masters, who was allegedly struck and killed on the Bruce Hwy north of Brisbane on June 27, 2021.
Both women are facing a committal hearing – which could determine whether they will stand trial in a higher court – at Brisbane Magistrates Court.
But on Tuesday crown prosecutor Dejana Kovac said an important witness had raised concerns about “threats” he had recently received.
She told Brisbane Magistrates Court the witness, Anthony Frances, had provided a recent affidavit where he outlined concerns for his safety.
“It is highly unlikely he (Mr Frances) will attend court today,” Ms Kovac said.
“He has serious concerns about his own safety.
“That is consistent with my direct conversations with other similar witnesses, who have provided evidence in our proceedings.”
Ms Kovac said Mr Frances was an “important witness” to the prosecution’s case, telling the court police had made contact with him and were investigating the concerns he had raised.
She asked for an adjournment until Wednesday and applied to have Mr Frances give evidence from a remote room as a special witness.
The court was told Mr Frances had given evidence before the Crime and Corruption Commission (CCC) under compulsion.
Proceedings were adjourned to Wednesday.
Ms Wallis and Ms O’Brien are also facing charges of unlawful use of a motor vehicle and arson, while Ms Wallis is facing a further charge of unlawfully possessing a weapon.
The Crown alleges Ms Wallis was behind the wheel of a stolen car on the Bruce Hwy in Burpengary when police attempted to stop the vehicle.
Constable Masters, 53, was allegedly fatally struck while trying to lay road spikes to stop the vehicle.
Ms O’Brien is alleged to have been in the passenger seat at the time.
It is further alleged the pair both fled the scene, torching the vehicle before their arrests.
Both women are charged with murder on the basis that police allege they were engaged in the unlawful purpose of evading police for many hours before Ms Wallis is claimed to have drove at a police officer, committing felony murder, while O’Brien was a party to the offence.
Ms Wallis was seen blowing kisses to her own group of supporters in the public gallery before the hearing continued on Tuesday.
Senior Constable Brenden Werth also gave evidence he was not aware the marked vehicle at the scene where Constable Masters died had activated its flashing lights or yellow hazard indicators.
During cross-examination he said he viewed the footage and had determined Constable Masters was not wearing a fluorescent vest at the time.
The court was told the lighting at the time may have affected Constable Masters’ depth perception.
Constable Masters was also seen moving from the concrete barrier in order to deploy the tyre deflation spikes, Constable Werth said in his evidence.
Members of Constable Masters’ family and a number of supporters have packed the courtroom over the over the committal hearing’s two-day listing.
On Monday, the court was told the car may have been travelling between 147-153kmh when the fatal incident occurred.
Constable Masters’ body worn camera footage wasn’t activated at the time of his death but another officer nearby had switched his own camera on, Queensland Police Detective Sergeant Troy Weston said.
Witness Leif Haas – who was driving on the Bruce Hwy at the time – gave evidence he was “less than 500m” from where Constable Masters was allegedly struck.
He recalled seeing “a hell of a lot of debris flying in the air”.
“I didn’t believe it was a motor car, I saw enough debris in the air to believe it was a motorbike,” Mr Haas said.
The committal hearing will resume on Wednesday.