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Did Qld fighter have a motive to kill?

Murder accused Benjamin Mortimer may have stabbed his associate Max Waller to death over a dispute about evidence in their court case, a hearing was told.

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Source: AAP


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Cage fighter Benjamin Mortimer may have helped stab associate Max Waller to death in a savage attack because of a dispute about a statutory declaration, a court has heard.

Mortimer's failed bail application has heard that of the three men charged with Waller's brutal July 2013 killing, the 28-year-old is the only one with a motive.

Mortimer, then a Mongols associate and former national kickboxing champion, had been due in court the next day for a violent home invasion he allegedly committed with Waller, a Bandidos associate, the Brisbane Supreme Court heard on Friday.

Crown prosecutor Matthew Hynes said there had been "bad blood" between the pair over a dispute about a statutory declaration in the home invasion case.

"The murder was committed on a man who was potentially not giving evidence in favour of (Mortimer)," Mr Hynes said in opposing bail.

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"One must consider then, (if Mortimer was released) what lengths he would go to with witnesses who would give evidence against him in a murder trial."

Defence lawyer Michael Gatenby argued all the Crown could possibly prove on the evidence was that Mortimer was present when Waller was killed.

It's alleged Mortimer and fellow Mongols associate Cohen Smith both stabbed Waller to death in a Broadbeach park using a Jamie Oliver brand steak knife in the early hours of June 23, 2013.

DNA from both Mortimer and Waller was allegedly found on a zipper in the park.

Smith has been charged with murder and accused getaway driver Wade Yates-Taui has been extradited from the US and charged with manslaughter.

Justice Ann Lyons refused to grant bail despite Mortimer's mother offering to put up a $500,000 surety.

The judge cited as her primary reasons Mortimer's history of violent offences and failure to comply with court orders, along with the strength of the Crown case.

A committal hearing for the three accused men is expected to take place next year.


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